chapter 1910. actions for support - Pennsylvania Code [PDF]

CHAPTER 1910. ACTIONS FOR SUPPORT Rule 1910.1. Scope. Definitions. 1910.2. Venue. Transfer of Action. 1910.2-1. Procedures Pursuant to the Intrastate Family Support Act. 1910.3. Parties. Obligor. Obligee. 1910.4. Commencement of Action. Fee. 1910.5. Complaint. Order of Court. 1910.6. Notification. 1910.7. No Pleading by Defendant Required. Question of Jurisdiction or Venueor Statute of Limitations in Paternity. 1910.8. [Rescinded]. 1910.9. Discovery. 1910.10. Alternative Hearing Procedures. 1910.11. Office Conference. Subsequent Proceedings. Order. 1910.12. Office Conference. Hearing. Record. Exceptions. Order. 1910.13. [Rescinded]. 1910.13-1. Failure or Refusal to Appear Pursuant to Order of Court. Bench Warrant. 1910.13-2. Form of Request for Bench Warrant and Supporting Affidavit. Form of Bench Warrant. 1910.14. Defendant Leaving Jurisdiction. Security. 1910.15. Paternity. 1910.16. Support Order. Allocation. 1910.16-1. Amount of Support. Support Guidelines. 1910.16-2. Support Guidelines. Calculation of Monthly Net Income. 1910.16-3. Support Guidelines. Basic Child Support Schedule. 1910.16-3.1 Support Guidelines. High Income Cases. 1910.16-4. Support Guidelines. Calculation of Support Obligation, Formula. 1910.16-5. Support Guidelines. Deviation. 1910.16-6. Support Guidelines. Adjustments to the Basic Support Obligation. Allocation of Additional Expenses. 1910.16-7. Support Guidelines. Awards of Child Support When There are Multiple Families. 1910.17. Support Order. Effective Date. Change of Circumstances. Copies of Order. Priority of Distribution of Payments. 1910.18. Support Order. Subsequent Proceedings. 1910.19. Support. Modification. Termination. Guidelines as Substantial Change inCircumstances. Overpayments. 1910.20. Support Order. Enforcement. General. 1910.21. Support Order. Enforcement. Withholding of Income. 1910.21-1. Renumbered. 1910.21-2. Renumbered. 1910.21-3. Renumbered. 1910.21-4. Renumbered. 1910.21-5. Renumbered. 1910.21-6. Renumbered. 1910.21-7. Renumbered. 1910.22. Support Order. Enforcement. Liens Against Real Property. 1910.23. Support Order. Enforcement. Attachment of Assets Held by Financial Institutions. 1910.23-1. [Rescinded]. 1910.23-2. [Rescinded]. 1910.24. Support Order. Enforcement. Judgment for Arrearages. Petition to Correct Judgment. Execution. 1910.25. Enforcement. Support Order. Civil Contempt. Petition. Service. No Answer Required. 1910.25-1. Civil Contempt. Hearing by Court. Conference by Officer. 1910.25-2. Civil Contempt. Office Conference. Agreement. Alternative Procedures Upon Faliure to Agree. 1910.25-3. Civil Contempt. Conference Summary. Order. Hearing De Novo. 1910.25-4. Civil Contempt. Alternative Procedure. Record Hearing. Report. Exceptions. Order. 1910.25-5. Civil Contempt. Contempt Order. Incarceration. 1910.25-6. Civil Contempt. No Post Trial Relief. 1910.25-7. Indirect Criminal Contempt. Incarceration. 1910.26. Support Order. Enforcement. Story of Proceedings. Special Relief. 1910.27. Form of Complaint. Order. Income Statements and Expense Statements. Health Insurance Coverage Information Form. Form of Support Order. Form Petition for Modification. Petition for Recovery of Support Overpaymet. 1910.28. Order for Earnings and Health Insurance Information. Form of Earnings Report. Form of Health Insurance Coverage Information. 1910.29. Evidence in Support Matters. 1910.30. [Rescinded]. 1910.31. [Rescinded]. 1910.49. Acts of Assembly Not Suspended. 1910.50. Suspension of Acts of Assembly. Source The provisions of these Rules 1910.1—1910.31 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625, unless otherwise noted.

Rule 1910.1. Scope. Definitions. (a) Except as provided by subdivision (b), the rules of this chapter govern all civil actions or proceedings brought in the court of common pleas to enforce a duty of support, or an obligation to pay alimony pendente lite. Official Note A duty of support is imposed by the following statutes: 23 Pa.C.S.A. § 4321 and Section 3 of the Support Law of June 24, 1937, P. L. 2045, 62 P. S. § 1973 (repealed) now Act 43-2005, July 7, 2005, P. L. 196. The procedure under the rules of this chapter implements Chapter 43 of Part V of the Domestic Relations Code, Title 23 of the Consolidated Statutes, 23 Pa.C.S.A. § 4301 et seq., relating to support proceedings. The procedure under these rules provides an alternative to the intrastate and interstate procedures under Parts VIII and VIII-A of the Domestic Relations Code, 23 Pa.C.S.A. § § 7101 et seq. and 8101 et seq. For alimony and alimony pendente lite, see Sections 3701 and 3702 of the Divorce Code, 23 Pa.C.S.A. § § 3701, 3702. Official Note Long arm jurisdiction is available in support actions brought pursuant to these rules per 23 Pa.C.S.A. § 4342(c). (b) The rules of this chapter shall not govern (1) an action or proceeding for support based upon a contract or agreement which provides that it may not be enforced by an action in accordance with these rules, (2) an application for a temporary order of support and other relief pursuant to the Protection from Abuse Act of December 19, 1990, P. L. 1240, No. 206, 23 Pa.C.S. § 6101 et seq. or (3) an action for support of an indigent brought pursuant to Chapter 46 of the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq. Official Note Where a contract or agreement provides that it cannot be enforced in accordance with the rules, actions upon a contract or agreement for support are to be heard by the court and not a conference officer or hearing officer under Rules 1910.11 or 1910.12. However, such actions should be expedited and given preference in court listings. (c) As used in this chapter, unless the context of a rule indicates otherwise, the following terms shall have the following meanings: ‘‘Conference officer,’’ the person who conducts an office conference pursuant to Rule 1910.11. ‘‘Hearing officer,’’ the person who conducts a hearing on the record and makes recommendations to the court pursuant to Rule 1910.12. ‘‘Overdue support,’’ the amount of delinquent support equal to or greater than one month’s support obligation which accrues after entry or modification of a support order as the result of obligor’s nonpayment of that order. ‘‘Past due support,’’ the amount of support which accrues prior to entry or modification of a support order as the result of retroactivity of that order. When nonpayment of the order causes overdue support to accrue, any and all amounts of past due support owing under the order shall convert immediately to overdue support and remain as such until paid in full. ‘‘Suspend,’’ eliminate the effect of a support order for a period of time. ‘‘Terminate,’’ end not only the support order, but the support obligation as well. ‘‘Trier of fact,’’ the judge, hearing officer, or conference officer who makes factual determinations. ‘‘Vacate,’’ declare a particular support order null and void, as if it were never entered. Explanatory Comment—1994 Nothing in this rule should be interpreted to eliminate the distinctions between spousal support and alimony pendente lite which are established by case law. Alimony pendente lite must be distinguished from permanent alimony for purposes of this rule. The rule applies only to alimony pendente lite. The procedure for obtaining permanent alimony is governed by Section 3702 of the Divorce Code, 23 Pa.C.S.A. § 3702, and Rules of Civil Procedure 1920.1 et seq. Agreements for alimony approved by the court in connection with actions for divorce under Section 3701 of the Divorce Code are deemed to be court orders enforceable under Section 3703 of the Code. Section 3105(a) of the Divorce Code provides that all agreements relating to matters under the code, whether or not merged or incorporated into the decree, are to be treated as orders for purposes of enforcement unless the agreement provides otherwise. Subdivision (b)(1) is amended to conform to the statute. There is considerable diversity in the terminology used throughout the rules, and in the various counties, to describe the individuals who conduct conferences and hearings pursuant to the support rules. The addition of subdivision (c) to the rules standardizes terminology and eliminates the confusion which results from individual counties using inconsistent terms to refer to persons performing the same function. All references in the rules to conference or hearing officers have been amended to conform to the terminology set forth in subdivision (c). In an effort to further standardize the terminology used in support matters, the additional terms are defined. Explanatory Comment—2000 Act 1998-127 technically amended Act 1997-58 to define and differentiate between past due and overdue support to clarify that only overdue support constitutes a lien by operation of law against the obligor’s real or personal property. 23 Pa.C.S.A. § 4302 now defines overdue support as ‘‘support which is delinquent under a payment schedule established by the court.’’ Past due support is defined as ‘‘support included in an order of support which has not been paid.’’ The definitions of past due and overdue support in this rule do not substantively change the legislative definitions. They merely elaborate on them in terms which are more familiar and helpful to the bench and bar. Specifically, past due support consists of the purely retroactive arrearages which accumulate between the date of the filing of the complaint or petition for modification and the date of the hearing and entry of the initial or modified support order. Overdue support refers to the delinquent arrearages which accrue after entry of the order due to the obligor’s failure to pay support pursuant to the order. These definitions are important for determining the remedies available for collecting support arrearages. Pursuant to 23 Pa.C.S.A. § 4352(d), only overdue support (delinquent arrearages) constitutes a lien by operation of law against the obligor’s property. Conversely, past due support (retroactive arrears) does not operate as a lien against this property as long as the obligor remains current on the support order. Rule 1910.20 extends this legislative distinction between overdue and past due support to the following remedies available to collect support: (1) consumer agency reporting under 23 Pa.C.S.A. § 4303; (2) suspension of licenses under 23 Pa.C.S.A. § 4355; and (3) the full range of new collection remedies under 23 Pa.C.S.A. § 4305(b)(10). Accordingly, these remedies are available only to collect overdue support. They are not available to collect past due support as long as the obligor remains current on the order. If, however, the obligor subsequently defaults on the support order, Rule 1910.20(c) provides that any past due support still owing under the order immediately becomes overdue support subject to the full range of collection remedies. It remains overdue support until collected in full. Pursuant to Rule 1910.20(c), all overdue support, including past due support which has converted to overdue support, remains subject to Act 58 remedies until paid in full. Any repayment plan subsequently agreed to by the parties, or ordered by the court pursuant to a contempt proceeding (including any arrearage component), does not preclude the use of these remedies for collecting overdue support more quickly, whenever feasible. In cases involving past due support only, the obligee is not entirely without remedy in the event that additional income or assets of the obligor are discovered after the hearing which would enable collection of past due support more quickly. In these cases, identification of those income sources or assets provides a basis for modification pursuant to Rule 1910.19. Modification includes increasing the rate of repayment on past due support and, if appropriate, ordering that the past due support be paid in full. In these cases, the obligee may also petition the court for special relief pursuant to Rule 1910.26 to have the income or assets frozen and seized pending the petition for modification in order to secure payment of past due support. Explanatory Comment—2007 Act 43-2005, July 7, 2005, P. L. 196, repealed the Act of June 24, 1937 (P. L. 2045, No. 397), known as The Support Law and added Chapter 46 to the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq. Section 4 of Act 43-2005 states that the addition of Chapter 46 is a continuation of the Act of June 24, 1937 (P. L. 2045, No. 397). Chapter 46 addresses the responsibility of certain family members to maintain indigent relatives, whether or not the indigent person is a public charge. New subdivision (b)(3) clarifies that the support rules and guidelines do not apply to actions brought under Chapter 46 of the Domestic Relations Code. Source The provisions of this Rule 1910.1 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended April 15, 1994, effective July 1, 1994, 24 Pa.B. 2296; amended December 8, 1994, effective July 1, 1995, 24 Pa.B. 6399; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended February 2, 2007, effective February 3, 2007, 37 Pa.B. 522. Immediately preceding text appears at serial pages (324674) and (293831).

Rule 1910.2. Venue. Transfer of Action. (a) An action may be brought in (1) the county in which the defendant resides, or (2) the county in which the defendant is regularly employed, or (3) the county in which the plaintiff resides and that county is the county in which the last marital domicile was located and in which the plaintiff has continued to reside. (4) the county in which the child resides if the relief sought includes child support. Official Note If an action for support is brought in the county in which the plaintiff resides but that county is not the county in which the last family domicile was located and in which the plaintiff has continued to reside, the action shall proceed in accordance with the Revised Uniform Reciprocal Enforcement of Support Act (1968), 23 Pa.C.S. § 4501 et seq. if the defendant is outside the Commonwealth, or in accordance with 23 Pa.C.S. § 4533 which provides for intrastate application of RURESA if the defendant is within the Commonwealth, and not in accordance with these Rules. (b) Where jurisdiction is acquired over the defendant pursuant to the long arm statute, 23 Pa.C.S. § 4342(c), the action may be brought in the county where the plaintiff resides. Official Note 23 Pa.C.S. § 7201 sets forth the specific bases for long arm jurisdiction over a non-resident defendant. (c) If, at the time of the filing of the action, there is a divorce or custody action pending between the parties in an appropriate court in another county, the court upon good cause shown may transfer the support action to that county. (d) For the convenience of the parties and witnesses the court may transfer an action to the appropriate court of any other county where the action could have been brought at the time of transfer. Official Note The standards for transfer of an action for the convenience of parties and witnesses are the same as the standards under Rule 1006(d). (e) A support order may be enforced in accordance with the Uniform Interstate Family Support Act, 23 Pa.C.S. § 7101 et seq., if the defendant resides outside the Commonwealth, or in accordance with the Intrastate Family Support Act, 23 Pa.C.S. § 8101 et seq., if the defendant resides in another county within the Commonwealth. Source The provisions of this Rule 1910.2 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 8, 1994, effective July 1, 1995, 24 Pa.B. 6399; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended October 31, 2002, effective immediately, 32 Pa.B. 5632. Immediately preceding text appears at serial pages (267729) to (267730).

Rule 1910.2-1. Procedures Pursuant to the Intrastate Family Support Act. (a) The court in the county in which the complaint for support is filed shall retain and process the case for so long as all of the following conditions are met: (1) there is proper venue pursuant to Rule 1910.2; (2) the defendant-obligor’s mailing address is known; (3) sufficient information is known about the defendant-obligor’s employment to enable the court to issue an earnings subpoena; and (4) the obligee consents. Official Note A support action should be maintained in the county in which the obligee and/or the child(ren) reside and should not involve a second county unless the county of residence is unable to obtain service on the defendant-obligor or obtain information regarding the defendant-obligor’s employment. However, the obligee is permitted to request that the case proceed under the Intrastate Family Support Act (IFSA) in accordance with 23 Pa.C.S. § 8103. If the venue requirements are met, the court in the obligee’s county of residence should attempt to retain the case if there already is an order in that county against the same defendant-obligor in this or another child/spousal support case or if the defendant-obligor is incarcerated. (b) If courts in two or more counties must be involved in the establishment and enforcement of an obligation for support: (1) the case must proceed pursuant to the Intrastate Family Support Act; and (2) venue shall follow the defendant-obligor in order to maintain the availability of statutory enforcement remedies. (c) A support order shall not be registered in another county unless: (1) requested by the obligee, or (2) necessary to maintain an order for support, to obtain payment of the support obligation or to consolidate multiple cases involving the same defendant-obligor. (d) Only one support order shall be charging against a defendant-obligor for the same spouse and/or child(ren) at one time. Source The provisions of this Rule 1910.2-1 adopted October 31, 2002, effective immediately, 32 Pa.B. 5632.

Rule 1910.3. Parties. Obligor. Obligee. (a) An action may be brought (1) by a person, including a minor parent or a minor spouse, to whom a duty of support is owing, or (2) on behalf of a minor child by a person having custody of the child, without appointment as guardian ad litem, or (3) on behalf of a minor child by a person caring for the child regardless of whether a court order has been issued granting that person custody of the child, or (4) by a public body or private agency having an interest in the case, maintenance or assistance of a person to whom a duty of support is owing, or (5) by a parent, guardian or public or private agency on behalf of an unemancipated child over eighteen years of age to whom a duty of support is owing, or. (6) by any person who may owe a duty of support to a child or spouse. If the person to whom a duty of support may be owed does not appear, the action may be dismissed without prejudice for the petitioner to seek further relief from the court. (b) The trier of fact shall enter an appropriate order based upon the evidence presented, without regard to which party initiated the support action, filed a modification petition or filed a petition for recovery of support overpayment. The determination of which party will be the obligee and which will be the obligor will be made by the trier of fact based upon the respective incomes of the parties, consistent with the support guidelines and existing law, and the custodial arrangements at the time of the initial or subsequent conference, hearing or trial. If supported by the evidence, the party named as the defendant in the initial pleading may be deemed to be the obligee, even if that party did not file a complaint for support. The provisions of this subdivision do not apply to parties seeking spousal support or alimony pendente lite. Parties seeking spousal support or alimony pendente lite must assert a claim in an appropriate pleading with proper notice served upon the other party. (1) In general, the party who has primary custody of the children shall be the obligee of a child support order. (2) When the parties share custody of the children equally, the party with the higher income shall be the obligor as provided in Rule 1910.16-4(c)(2). Explanatory Comment—1999 New subdivision (c) incorporates 23 Pa.C.S. § 4341(b) to confer standing on any person who is caring for a child to seek support on behalf of that child even though there is no court order granting legal or physical custody to that person. The statutory provision effectively overrules Larson v. Diveglia, 549 Pa. 118, 700 A.2d 931 (1997), which held to the contrary. Subdivision (e) is amended to eliminate the requirement of consent when the child is over 18 years of age. This requirement was originally intended only for applicable child support actions for higher educational support, which actions were abolished by Curtis v. Kline, 542 Pa. 249, 666 A.2d 265 (1995). This rule also is intended to apply to children who are unemancipated by reason of physical or mental disability, consistent with 23 Pa.C.S. § 4321(3) as interpreted by case law. Explanatory Comment—2011 A new category has been added in subdivision (a) to allow a party who may not have primary custody of the parties’ child or who may owe a duty of support to a spouse to initiate a support action in which an appropriate order may be entered. In some cases, the obligor may want to start paying spousal support or alimony pendente lite to the obligee as soon as possible to avoid the accumulation of retroactive arrears, but § 71 of the Internal Revenue Code provides that payments to a spouse or ex-spouse must be pursuant to an order or a divorce or separation instrument to receive alimony tax treatment. Thus, any payments made prior to the entry of a support order will not be deductible by the obligor. This provision is intended to allow an obligor to commence the process by which he or she may pay support earlier. A new subdivision (b) has been added to clarify that in all initial and subsequent child support actions, the trier of fact may enter a support order against either party, without regard to which party filed the complaint or petition for modification. This facilitates judicial economy, and relieves the parties from incurring additional filing fees, losing time from work or family, losing retroactivity and having to wait for a new proceeding to be scheduled. It enables the trier of fact to base the order on the facts and circumstances at the time of the proceeding, which may be different than at the time of filing. Source The provisions of this Rule 1910.3 amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended October 30, 2001, effective immediately, 21 Pa.B. 6273; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended November 5, 2012, effective December 5, 2012, 42 Pa.B. 7091. Immediately preceding text appears at serial pages (358492) to (358494).

Rule 1910.4. Commencement of Action. Fee. (a) An action shall be commenced by filing a complaint with the domestic relations section of the court of common pleas. Official Note For the form of the complaint, see Rule 1910.27(a). Section 961 of the Judicial Code, 42 Pa.C.S. § 961, provides that each court of common pleas shall have a domestic relations section. (b) No filing fee shall be required in advance. Source The provisions of this Rule 1910.4 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (265459).

Rule 1910.5. Complaint. Order of Court. (a) The complaint shall be substantially in the form provided by Rule 1910.27(a). (b) The complaint shall not contain a notice to defend or be endorsed with a notice to plead. Official Note Neither Rule 1018.1 nor Rule 1361 applies to a complaint in an action for support. (c) An order shall be attached at the front of the complaint directing the defendant to appear before an officer for a conference at the time and place directed by the court. The order shall be substantially in the form provided by Rule 1910.27(b) and must include notice that a child support order may be entered against either party without regard to which party initiated the action. Official Note For service of original process in support matters, see Rule 1930.4. Source The provisions of this Rule 1910.5 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847. Immediately preceding text appears at serial pages (293833) to (293834).

Rule 1910.6. Notification. Parties to a support action and their attorneys shall be provided notice of all proceedings in which support obligations might be established or modified. Notice must be provided at least 20 days prior to the proceeding. The parties and their attorneys shall also be provided with a copy of any order issued in the support action within 14 days after issuance of the order. If there is no activity in a support action for a period of three years, the domestic relations section shall send a notice to each of the parties’ attorneys advising each attorney that his or her appearance in the support action shall be deemed to be withdrawn unless the attorney objects within thirty (30) days of the date the notice is mailed to the attorney. An attorney representing a party in a support action shall not be deemed to be representing that party in any other action, nor shall a withdrawal of appearance in a support action be deemed to be a withdrawal of appearance for the party in any other proceeding. Source The provisions of this Rule 1910.6 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended October 30, 2001, effective immediately, 31 Pa.B. 6273. Immediately preceding text appears at serial page (267732).

Rule 1910.7. No Pleading by Defendant Required. Question ofJurisdiction or Venue or Statute of Limitations in Paternity. (a) No pleading by the defendant shall be required, but if defendant elects to file a pleading, the domestic relations office conference required by the order of court shall not be delayed. (b) If defendant raises a question of jurisdiction or venue or in paternity cases the defense of the statute of limitations, the court shall promptly dispose of the question and may, in an appropriate case, stay the domestic relations office conference.

Rule 1910.8. [Rescinded].

Official Note The provisions in this Rule now appear in Rule 1910.2(a) through (f). Source The provisions of this Rule 1910.8 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded December 18, 1998, effective January 1, 1999, 29 Pa.B. 16. Immediately preceding text appears at serial page (231363).

Rule 1910.9. Discovery. (a) Except as provided in Rule 1910.11(j) and Rule 1910.12(c), there shall be no discovery in an action for support unless authorized by special order of court. Official Note The rule relating to discovery in domestic relations matters generally is Rule 1930.5. (b) Where a party is employed, the court shall ascertain the party’s earnings and may enter an order directing the employer to furnish earnings information to the court as provided by Rule 1910.28. Source The provisions of this Rule 1910.9 amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (265460).

Rule 1910.10. Alternative Hearing Procedures. (a) The action shall proceed as prescribed by Pa.R.C.P. No. 1910.11 unless the court by local rule adopts the alternative hearing procedure of Pa.R.C.P. No. 1910.12. (b) The president judge or the administrative judge of Family Division of each county shall certify that all support proceedings in that county are conducted in accordance with either Pa.R.C.P. No. 1910.11 or Pa.R.C.P. No. 1910.12. The certification shall be filed with the Domestic Relations Procedural Rules Committee, and shall be substantially in the following form: I hereby certify that County conducts its support proceedings in accordance with Pa.R.C.P. No. . (PRESIDENT JUDGE) (ADMINISTRATIVE JUDGE) Official Note For a complete list of the Alternative Hearing Procedures for each county: http://www.pacourts.us/courts/supreme-court/committees/rules-committees/domestic-relationsprocedural-rules-committee. Explanatory Comment In accordance with Pa.R.C.P. No. 1910.10, a judicial district may opt for one of two procedures for support matters; the procedure selected is then certified by the president judge or administrative judge to the Domestic Relations Procedural Rules Committee as prescribed in subdivision (b). Subdivision (b) was added in response to requests from appellate court judges who find that it is often difficult to determine the rule with which the actual support procedure is intended to comply. Subsequently, a judicial district may, at any time, change its support procedure by filing a new certification with the staff of the Domestic Relations Procedural Rules Committee indicating the rule according to which support matters will proceed. However, a judicial district may, by local rule, permit interstate actions to proceed directly to a hearing officer or judge without a conference. The procedure set forth in Pa.R.C.P. No. 1910.11 provides for a conference before a conference officer, a conference summary and entry of an interim order for support calculated in accordance with the guidelines, and a right to demand a hearing de novo before a judge. The hearing must be held and the final order entered within 60 days of the written demand for hearing. The alternate procedure, as set forth in Pa.R.C.P. No. 1910.12, provides for a conference before a conference officer, a record hearing before a hearing officer, and issuance of a report and recommendation to which exceptions may be filed within ten days. The court must hear argument and enter a final order within 60 days of the filing of exceptions. In lieu of continuing the practice of including in the Note a 67-county list identifying the hearing procedure selected by the local county court, the list can now be found on the Domestic Relations Procedural Rules Committee website. Source The provisions of this Rule 1910.10 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended September 5, 1995, effective January 1, 1996, 25 Pa.B. 4097; amended October 30, 2001, effecitve immediately, 31 Pa.B. 6273; amended October 8, 2002, effective immediately, 32 Pa.B. 5262; amended July 30, 2003, effective immediately, 33 Pa.B. 4072; amended January 12, effective May 12, 2010, 40 Pa.B. 586; amended September 16, 2013, effective October 16, 2013, 43 Pa.B. 5701; amended October 13, 2015, effective January 1, 2016, 45 Pa.B. 6400; amended October 14, 2016, effective December 1, 2016, 46 Pa.B. 6819. Immediately preceding text appears at serial pages (378981) to (378983).

Rule 1910.11. Office Conference. Subsequent Proceedings. Order. (a)(1) The office conference shall be conducted by a conference officer. (2) Any lawyer serving as a conference officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing master, or judge of the same judicial district. Official Note Conference officers preside at office conferences under Rule 1910.11. Hearing officers preside at hearings under Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Rule 1920.51. (b) If either party fails to appear at the conference before the officer as directed by the court, the conference may proceed. (c) At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their Income and Expense Statements in the forms required by Rule 1910.27(c), completed as set forth below. (1) For cases which can be determined according to the guideline formula, the Income Statement must be completed and the Expense Statement at Rule 1910.27(c)(2)(A) should be completed if a party is claiming unusual needs and unusual fixed expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks apportionment of expenses pursuant to Rule 1910.16-6. In a support case that can be decided according to the guidelines, even if the support claim is raised in a divorce complaint, no expense form is needed unless a party claims unusual needs or unusual fixed expenses or seeks apportionment of expenses pursuant to Rule 1910.16-6. However, in the divorce action, the Expense Statement at Rule 1910.27(c)(2)(B) may be required. (2) For cases which are decided according to Rule 1910.16-3.1, the Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) must be submitted. (d)(1) The conference officer shall make a recommendation to the parties of an amount of support calculated in accordance with the guidelines. (2) If an agreement for support is reached at the conference, the officer shall prepare a written order substantially in the form set forth in Rule 1910.27(e) and in conformity with the agreement for signature by the parties and submission to the court together with the officer’s recommendation for approval or disapproval. The court may enter the order in accordance with the agreement without hearing the parties. (3) In all cases in which one or both parties are unrepresented, the parties must provide income information to the domestic relations section so that a guidelines calculation can be performed. (4) In cases in which both parties are represented by counsel, the parties shall not be obligated to provide income information and the domestic relations section shall not be required to perform a guidelines calculation if the parties have reached an agreement about the amount of support and the amount of contribution to additional expenses. (e) At the conclusion of the conference or not later than 10 days after the conference, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state: (1) the facts upon which the parties agree; (2) the contentions of the parties with respect to facts upon which they disagree; and (3) the conference officer’s recommendation; if any, of (i) the amount of support and by and for whom the support shall be paid; and (ii) the effective date of any order. (f) If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). Each party shall be provided, either in person at the time of the conference or by mail, with a copy of the interim order and written notice that any party may, within twenty days after the date of receipt or the date of the mailing of the interim order, whichever occurs first, file a written demand with the domestic relations section for a hearing before the court. (g) A demand for a hearing before the court shall not stay the interim order entered under subdivision (f) unless the court so directs. (h) If no party demands a hearing before the court within the twenty day period, the interim order shall constitute a final order. (i) If a demand is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The court shall hear the case and enter a final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the written demand for hearing. (j)(1) Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where: (i) there are complex questions of law, fact or both; or (ii) the hearing will be protracted; or (iii) the orderly administration of justice requires that the hearing be listed separately. (2) If the motion for separate listing is granted, discovery shall be available in accordance with Rule 4001 et seq. Official Note The rule relating to discovery in domestic relations matters generally is Rule 1930.5. (k) No motion for post-trial relief may be filed to the final order of support. Explanatory Comment—1994 The domestic relations office conference provided by Rule 1910.11 constitutes the heart of the support procedure. There are two primary advantages to the inclusion of a conference. First, in many cases the parties will agree upon an amount of support and a final order will be prepared, to be entered by the court, thus dispensing with a judicial hearing. Second, those cases which do go to hearing can proceed more quickly because the necessary factual information has already been gathered by the conference officer. Subdivision (a)(2) prohibits certain officers of the court from practicing family law before fellow officers of the same court. These officers are the conference officer who is an attorney (Rule 1910.11), the hearing officer (Rule 1910.12), and the standing or permanent master who is employed by the court (Rule 1920.51). The amendments are not intended to apply to the attorney who is appointed occasionally to act as a master in a divorce action. Subdivision (e)(3) makes clear that even if the parties agree on an amount of support, the conference officer is still empowered to recommend to the court that the agreement be disapproved. This provision is intended to protect the destitute spouse who might out of desperation agree to an amount of support that is unreasonably low or which would in effect bargain away the rights of the children. The officer’s disapproval of the agreement serves to prevent an inadequate order being entered unwittingly by the court. The provision for an interim order in subdivision (f) serves two purposes. First, it ensures that the obligee will receive needed support for the period during which the judicial determination is sought. Second, it eliminates the motive of delay in seeking a judicial determination. Because the guidelines are income driven, the trier of fact has little need for the expense information required in the Income and Expense Statement. Therefore in guideline cases, the rule no longer requires that expense information be provided. If a party feels that there are expenses so extraordinary that they merit consideration by the trier of fact, that party is free to provide the information. In cases decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), living expenses are properly considered, and therefore must be presented on the Income and Expense Statement. Explanatory Comment—1995 Rule 1910.11(e) is amended to eliminate the need for a party to request a copy of the conference summary. Because the court is required to enter a guideline order on the basis of the conference officer’s recommendation, there is no need for (g)(2), which provided for a hearing before the court where an order was not entered within five days of the conference. It is eliminated accordingly. Pursuant to subdivision (g), support payments are due and owing under the interim order which continues in effect until the court enters a final order after the hearing de novo. The provision for an interim order serves two purposes. First, it ensures that the obligee will receive needed support for the period during which the judicial determination is sought. Second, it eliminates the motive of delay in seeking a judicial determination. Therefore, the plaintiff and the dependent children are not prejudiced by allowing the court sixty days, rather than the original forty-five, in which to enter its final order. Explanatory Comment—2006 The time for filing a written demand for a hearing before the court has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules. The amendments reflect the separated Income Statement and Expense Statements in Rule 1910.27(c). Explanatory Comment—2010 When the parties’ combined net income exceeds $30,000 per month, calculation of child support, spousal support and alimony pendente lite shall be pursuant to Rule 1910.16-3.1. Rule 1910.16-2(e) has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), in high income child support cases. Explanatory Comment—2011 The rule has been amended to require that income information be provided in all cases, unless both parties are represented in reaching an agreement, so that a guidelines calculation can be performed. The guidelines create a rebuttable presumption that the amount calculated pursuant to them is the correct amount, so there should be a calculation in every case. If parties agree to receive or to pay an order other than the guideline amount, they should know what that amount is so that they can enter an agreement knowingly. If both parties are represented by counsel, it is assumed that their entry into the agreement for an amount other than a guidelines amount is knowing as it is counsels’ responsibility to advise the parties. In addition, part of the mandatory quadrennial review of the support guidelines mandates a study of the number of cases in which the support amount ordered varies from the amount that would result from a guidelines calculation. Federal regulations presume that if a large percentage of cases vary from the guideline amount, then the guidelines are not uniform statewide. Source The provisions of this Rule 1910.11 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 29, 1989, effective October 15, 1989, 19 Pa.B. 4451; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended September 8, 1995, effective January 1, 1996, 25 Pa.B. 4095; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended October 30, 2007, effective immediately, 37 Pa.B. 5976; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended December 23, 2011, effective January 31, 2012, 42 Pa.B. 379, 545; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354. Immediately preceding text appears at serial page (373021).

Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order. (a) There shall be an office conference as provided by Rule 1910.11(a) through (d). The provisions of Rule 1910.11(d)(3) and (4) regarding income information apply in cases proceeding pursuant to Rule 1910.12. (b)(1) At the conclusion of a conference attended by both parties, if an agreement for support has not been reached, and the conference and hearing are not scheduled on the same day, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e), and the parties shall be given notice of the date, time and place of a hearing. A record hearing shall be conducted by a hearing officer who must be a lawyer. (2) If either party, having been properly served, fails to attend the conference, the court may enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). Within twenty days after the date of receipt or the date of mailing of the interim order, whichever occurs first, either party may demand a hearing before a hearing officer. If no hearing is requested, the order shall become final. (3) Any lawyer serving as a hearing officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing master, or judge of the same judicial district. Official Note Conference officers preside at office conferences under Rule 1910.11. Hearing officers preside at hearings under Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Rule 1920.51. (c)(1) Except as provided in subdivision (c)(2), promptly after conclusion of the conference, a party may move the court for a separate listing of the hearing where: (i) there are complex questions of law, fact or both; or (ii) the hearing will be protracted; or (iii) the orderly administration of justice requires that the hearing be listed separately. (2) Where the conference and hearing are scheduled on the same day, all requests for separate listing must be presented to the court at least seven days prior to the scheduled court date. (3) If the motion for separate listing is granted, discovery shall be available in accordance with Rule 4001 et seq. Official Note The rule relating to discovery in domestic relations matters generally is Rule 1930.5. (d) The hearing officer shall receive evidence, hear argument and, not later than 20 days after the close of the record, file with the court a report containing a recommendation with respect to the entry of an order of support. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order substantially in the form set forth in Rule 1910.27(e) stating: (1) the amount of support calculated in accordance with the guidelines; (2) by and for whom it shall be paid; and (3) the effective date of the order. (e) The court, without hearing the parties, shall enter an interim order consistent with the proposed order of the hearing officer. Each party shall be provided, either in person at the time of the hearing or by mail, with a copy of the interim order and written notice that any party may, within twenty days after the date of receipt or the date of mailing of the order, whichever occurs first, file with the domestic relations section written exceptions to the report of the hearing officer and interim order. Official Note Objections to the entry of an interim order consistent with the proposed order may be addressed pursuant to Rule 1910.26. (f) Within twenty days after the date of receipt or the date of mailing of the report by the hearing officer, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of facts, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within twenty days of the date of service of the original exceptions. (g) If no exceptions are filed within the twenty-day period, the interim order shall constitute a final order. (h) If exceptions are filed, the interim order shall continue in effect. The court shall hear argument on the exceptions and enter an appropriate final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the filing of exceptions to the interim order. No motion for post-trial relief may be filed to the final order. Explanatory Comment—1995 Language is added to subdivision (b) to acknowledge that the conference and hearing can be held on the same day, and to provide for the immediate entry of an interim order in judicial districts where the hearing occurs at a later date. New subdivision (b)(2) permits entry of a guideline order after a conference which the defendant, though properly served, fails to attend. New subdivision (c)(2) is intended to prevent delays in the hearing of complex cases by requiring that requests for separate listing be made at least seven days in advance where the conference and hearing are scheduled on the same day. In addition, the phrase ‘‘record hearing’’ in subdivision (a) replaces the reference to a ‘‘stenographic record’’ in recognition of the variety of means available to create a reliable record of support proceedings. Amended subdivision (e) allows an interim order to be entered and served on the parties at the conclusion of the hearing, rather than after the expiration of the exceptions period as was true under the old rule. In addition, the amended subdivision requires that the interim order include language advising the parties of their right to file exceptions within ten days of the date of the order. Support payments are due and owing under the interim order which continues in effect until the court enters a final order after considering the parties’ exceptions. Therefore, extension of the deadline for entering the final order by fifteen days does not prejudice the persons dependent upon payment of the support. Explanatory Comment—2006 The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules. Source The provisions of this Rule 1910.12 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 29, 1989, effective October 15, 1989, 19 Pa.B. 4451; corrected October 27, 1989, effective October 15, 1989, 19 Pa.B. 4603; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended September 28, 1995, effective January 1, 1996, 25 Pa.B. 4095; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended December 23, 2011, effective January 31, 2012, 42 Pa.B. 379, 545; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354. Immediately preceding text appears at serial pages (373025) to (373027).

Rule 1910.13. [Rescinded].

Source The provisions of this Rule 1910.13 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949. Immediately preceding text appears at serial page (177461).

Rule 1910.13-1. Failure or Refusal to Appear Pursuant to Order of Court. Bench Warrant. (a) If a party fails to appear at a conference and/or hearing as directed by order of court, the court may issue a bench warrant for the arrest of the party if it finds (1) following a hearing on the record that the party had actual notice that the party was ordered to attend the conference and/or hearing, or (2) upon the affidavit of a hearing officer or conference officer that (i) the order of court scheduling the conference and/or hearing was served by ordinary mail with the return address of the domestic relations section appearing thereon, that the mail was not returned to the domestic relations section within fifteen days after mailing, and that, at a date after the order of court was mailed, the domestic relations section has verified through the U.S. Postal Service or by electronic means that mail for the party was being delivered at the address to which the court order was mailed; or (ii) the party signed a receipt indicating acceptance of a copy of the court order; or (iii) an employee of the court handed a copy of the order to the party; or (iv) a competent adult handed a copy of the court order to the party, and filed an affidavit of service. Official Note See Rule 76 for the definition of ‘‘competent adult.’’ The support statute, at 23 Pa.C.S.A. § 4353(a), requires parties to a support proceeding to notify the domestic relations section within seven days of a change of personal address. Pursuant to 23 Pa.C.S.A. § 4353(a.1), the court may deem due process service requirements to have been met upon delivery of written notice to the most recent address the party filed with the domestic relations section. (b) The request for a bench warrant shall be made by the domestic relations office within sixty days following the party’s failure to appear. The request shall be in the form provided by Rule 1910.13-2(b), and shall include the hearing officer or conference officer’s certification that the party has not appeared for any domestic relations matter involving the same parties since the date the party failed to appear. (c) Upon appearance in court by a party on the matter underlying the bench warrant, the bench warrant shall be vacated forthwith and the notice shall be given to all computer networks into which the bench warrant has been entered. (d) When a bench warrant is executed, the case is to proceed in accordance with the following procedures. (1) When an individual is arrested pursuant to a bench warrant, he or she shall be taken without unnecessary delay for a hearing on the bench warrant. The hearing shall be conducted by the judicial officer who issued the bench warrant, or, another judicial officer designated by the president judge or by the president judge’s designee to conduct bench warrant hearings. As used in this rule, ‘‘judicial officer’’ is limited to the common pleas court judge who issued the bench warrant, or common pleas court judge designated by the president judge or by the president judge’s designee to conduct bench warrant hearings. (2) In the discretion of the judicial officer, the bench warrant hearing may be conducted using two-way simultaneous audio-visual communication. (3) When the individual is arrested in the county of issuance, and the bench warrant hearing cannot be conducted promptly after the arrest, the individual shall be lodged in the county jail pending the hearing. The authority in charge of the county jail promptly shall notify the sheriff’s office and the director of the domestic relations section that the individual is being held pursuant to the bench warrant. (4) When the individual is arrested outside the county of issuance, the authority in charge of the county jail in the arresting county promptly shall notify the proper authorities in the county of issuance that the individual is being held pursuant to the bench warrant. (5) The bench warrant hearing shall be conducted without unnecessary delay after the individual is lodged in the jail of the county of issuance of that bench warrant. The individual shall not be detained without a hearing on the bench warrant longer than 72 hours, or the close of the next business day if the 72 hours expires on a non-business day. (6) At the conclusion of the bench warrant hearing following the disposition of the matter, the judicial officer immediately shall vacate the bench warrant. (7) If a bench warrant hearing is not held within the time limits in paragraph (d)(5), the bench warrant shall expire by operation of law. Explanatory Comment—1994 In 1988, Section 4342 of the Domestic Relations Code, 23 Pa.C.S. § 4342, was amended to require establishment of procedures for expedited contempt in support. Those procedures are set forth in new Rules 1910.13-1, 1910.13-2, and 1910.21-1 through 1910.21-7. Former Rule 1910.13 provided for the issuance of a bench warrant for failure of a person to obey a court order other than an order for support. It is replaced with new Rule 1910.13-1 which sets forth detailed procedures for the issuance of a bench warrant, and new Rule 1910.13-2 which provides the associated forms. The new rules apply only to a party who fails to appear at a support conference or hearing as directed by an order of court. An individual arrested pursuant to a bench warrant can be incarcerated for a period not to exceed seventy-two hours prior to hearing as set forth in new Rule 1910.13-1(d). Under the old rules, if the court was unavailable at the time of arrest, the individual could not be held. Therefore, law enforcement officials were unable to execute bench warrants in the evenings or on weekends, when their efforts were most likely to be successful. By limiting the possible period of incarceration to seventy-two hours, new Rule 1910.13-1(d) balances the need to bring parties before the court with the desire to avoid lengthy pre-hearing detention. Bail can be set by the court where appropriate, providing additional protection for the respondent. Explanatory Comment—1999 The rules of civil procedure governing service of original process and other legal papers have used the term ‘‘competent adult.’’ In certain circumstances, the term has been used with the restrictive language ‘‘who is not a party to the action.’’ The Supreme Court of Pennsylvania has amended Definition Rule 76 by adding the following definition: ‘‘‘competent adult’ means an individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party.’’ In view of this new definition, the rules of civil procedure which used the term ‘‘competent adult who is not a party to the action’’ have been amended by deleting as unnecessary the restrictive language ‘‘who is not a party to the action.’’ These rules using the term ‘‘competent adult’’ will be governed by the new definition. The rules which used the term ‘‘competent adult’’ without the restrictive language have been amended by deleting the word ‘‘competent,’’ thus continuing to permit service by an adult without further restriction. Explanatory Comment—2006 Beginning in 2006, bench warrants issued for failure to obey a court order to appear in a support matter will be available through the Judicial Network (‘‘JNET’’) system. JNET expands the capacity of law enforcement officers throughout the commonwealth to be informed of outstanding bench warrants issued by both the criminal and civil courts. The Supreme Court of Pennsylvania has promulgated new Pa.R.Crim.P. 150, effective August 1, 2006, which sets forth the procedure related to criminal bench warrants. The amendments to Rules 1910.13-1 and 1910.13-2 track the new criminal procedural rule so that bench warrant procedures will be uniform throughout the commonwealth. For additional information see the Criminal Procedural Rules Committee’s Final Report explaining new Pa.R.Crim.P. 150, published with the promulgation order at 36 Pa.B. 184 (January 14, 2006). Source The provisions of this Rule 1910.13-1 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7110; amended July 30, 2010, effective immediately, 40 Pa.B. 4634. Immediately preceding text appears at serial pages (324680) to (324682)

Rule 1910.13-2. Form of Request for Bench Warrant and Supporting Affidavit. Form of Bench Warrant. (a) Request for a bench warrant pursuant to Rule 1910.13-1 shall be in substantially the following form and shall be attached to the Bench Warrant form set forth in subdivision (b) of this rule: [CAPTION] REQUEST FOR BENCH WARRANT AND SUPPORTING AFFIDAVIT 1. did not appear for a conference and/or hearing in the Court of Common Pleas of County on the day of , 20 , which was scheduled by an order of court compelling this person’s appearance, a copy of which is attached to this request. 2. The party received the order of court scheduling the conference and/or hearing in the following manner: (a) The order of court (i) was served upon the party by ordinary mail with the return address of the court thereon; (ii) the mail was not returned to the court within fifteen (15) days after mailing; and (iii) at a date after the order of court was mailed, the United States Postal Service has verified that mail for the party was being delivered at the address to which the court order was mailed.

(b) The party signed a receipt indicating acceptance of the court order.



(c) An employee of the court handed a copy of the court order to the party. The employee’s affidavit of service is attached.



(d) A competent adult handed a copy of the court order to the party. The adult’s affidavit of service is attached.

3.

This request for Bench Warrant is made within sixty days following the party’s failure to appear for the conference and/or hearing; and

I have reviewed the records of the Court and the Domestic Relations Office concerning this case, and attest that the party has not appeared for any domestic relations matter involving the same parties since the date upon which the party failed to appear in violation of the attached order of court. 4. In my capacity as hearing officer or conference officer, I request that the attached Bench Warrant be issued against the party named on account of the party’s failure to appear for a scheduled conference and/or hearing in violation of an order of court. The records of the Domestic Relations Section show that:

the party owes support arrearages in the amount of $

.

the party has failed to appear for

hearings relating to this case. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: NAME/OFFICIAL TITLE (b) The Bench Warrant entered by a court pursuant to Rule 1910.13-1 shall be in substantially the following form, and shall be attached to the Request for Bench Warrant form set forth in subdivision (a) of this rule: [CAPTION] BENCH WARRANT AND NOW, this day of , 20 , the Sheriff of County, or any constable, or police officer, or other law enforcement officer is hereby ordered to take , residing at , into custody for appearance before this Court. This bench warrant is issued because it appears that the (plaintiff) (defendant) has failed to appear, after notice, before the court for a scheduled conference and/or hearing. We command you, the arresting officer, forthwith to convey and deliver the party into the custody of the Court of Common Pleas of County, at , , (address)(city) Pennsylvania, for a hearing. DESCRIPTIVE INFORMATION Social Security # Sex D.O.B. Age Height Weight Race Eyes Hair Distinguishing features (scars, tattoos, facial hair, disability, etc.)

Alias Telephone # You are further commanded that if the court is unavailable, the party may be held in the County Jail until the court is opened for business, at which time the party shall be promptly conveyed and delivered into the custody of the court at , ,(address)…(city) Pennsylvania, for hearing. The authority in charge of the county jail shall notify the sheriff’s office and the director of the domestic relations section forthwith that the party is being held pursuant to the bench warrant. Under no circumstances may the party be held in the county jail of the county that issued this bench warrant for more than 72 hours or the close of the next business day if the 72 hours expires on a non-business day. See Pa.R.Crim.P 150(A)(5). Bail in this matter shall be set as follows:

No bail.



Bail to be set in the amount of

. Official Note Standards for setting bail are set forth in Rule of Criminal Procedure 525. BY THE COURT: JUDGE

Explanatory Comment—2005 Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ‘‘district justice’’ to ‘‘magisterial district judge.’’ The amendments to Rule 1910.13-2 reflect the change in title. Source The provisions of this Rule 1910.13-2 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended May 9, 2005, effective immediately, 35 Pa.B. 2994; amended November 6, 2006, effective February 6, 2007, 36 Pa.B. 7110. Immediately preceding text appears at serial pages (311801) to (311803).

Rule 1910.14. Defendant Leaving Jurisdiction. Security. At any stage of the proceeding, upon affidavit that the defendant is about to leave the jurisdiction, the court may issue appropriate process directing that the defendant be brought before the court at such time as the court may direct. At that time the court may direct that the defendant give security, with one or more sureties, to appear when directed by the court or to comply with any order of court.

Rule 1910.15. Paternity. (a) Acknowledgment of Paternity. If the action seeks support for a child born out of wedlock and the alleged father is named as defendant, the defendant may acknowledge paternity in a verified writing. The conference officer shall advise the parties that pursuant to Section 5103(d) of Title 23 of the Pennsylvania Consolidated Statutes an acknowledgment constitutes conclusive evidence of defendant’s paternity without further judicial ratification in any action to establish support. Upon defendant’s execution of the written acknowledgment, the action shall proceed as in other actions for support. (b) Genetic Testing. If the defendant appears but does not execute an acknowledgment of paternity at the conference: (1) The court shall enter an order directing the parties to appear for genetic testing. The order must advise the defendant that his failure to appear for the testing will result in entry of an order finding that he is the father of the child. The order must also advise the plaintiff that her failure to appear for testing may result in sanctions, including entry of an order dismissing the paternity action without prejudice. (2) The conference officer shall advise and provide written notice to the parties that they may enter into a written stipulation whereby both agree to submit to genetic testing for the purpose of resolving finally the issue of paternity. If the test results indicate a 99% or higher probability of paternity, the defendant shall be stipulated to be the biological father of the child and the case referred for a child support conference. If the test results indicate an exclusion, the action shall be dismissed. The written stipulation constitutes a waiver of the right to a hearing on the genetic testing or trial on the issue of paternity. (3) The conference officer shall advise and provide written notice to the parties that if they do not enter into a written stipulation and the test results do not indicate an exclusion, there will be a hearing regarding genetic testing or trial before a judge without a jury on the issue of paternity in accordance with the procedures set forth in subdivision (d) of this Rule. (c) Estoppel and Presumption of Paternity. If either party or the court raises the issue of estoppel or the issue of whether the presumption of paternity is applicable, the court shall dispose promptly of the issue and may stay the order for genetic testing until the issue is resolved. (d) Post-Testing Procedures. (1) The results of the genetic tests shall be provided in writing to counsel for the parties or, if unrepresented, to the parties themselves. (2) If the results of the genetic tests resolve the issue of paternity pursuant to the stipulation of the parties, a paternity order shall be entered and served on the parties. If the defendant is excluded, the action shall be dismissed. If the defendant is stipulated to be the biological father, the action shall proceed as in other actions for support. (3) If the results of the genetic tests do not resolve the issue of paternity pursuant to the stipulation of the parties, but the test results indicate a 99% or more probability of paternity, the court shall issue a rule against the defendant to show cause why an order should not be entered finding him to be the father. The rule shall advise the defendant that pursuant to 23 Pa.C.S. § 4343 his defense is limited to a showing by clear and convincing evidence that the results of the genetic tests are not reliable. The rule shall direct that an answer be filed within 20 days after service of the rule on the defendant. The answer shall state the material facts which constitute this defense. Any allegation of fact which does not appear of record must be verified. If an answer is not timely filed, the court shall enter an order finding paternity and refer the action to conference and hearing as in other actions for support. If an answer is filed raising a disputed issue of material fact relating to the reliability of the genetic testing, the case shall be listed promptly for expedited hearing before a judge. The burden of proof at the hearing is on the defendant and is limited to proof by clear and convincing evidence that the results of the genetic tests are not reliable. (4) If the results of the genetic tests do not resolve the issue of paternity and the test results indicate less than a 99% probability of paternity, the case shall be promptly listed for expedited trial before a judge. (5) If, after a hearing or trial, the decision is for the defendant on the issue of paternity, a final order shall be entered by the court dismissing the action as to the child. If the decision is against the defendant on the issue of paternity, an interlocutory order shall be entered by the court finding paternity. The court may enter an interim order for child support at that time and shall refer the action to conference and hearing as in other actions for support. (e) Failure to Appear. If defendant fails to appear as ordered for a conference, hearing or trial, or for genetic tests, the court shall, upon proof of service on the defendant, enter an order establishing paternity. The court may also enter an interim order for child support at that time and shall refer the action to conference and hearing as in other actions for support. (f) Appeal of Paternity Order. An order establishing paternity is not an appealable order. The issue of paternity may be included in an appeal from the final order of child support. Source The provisions of this Rule 1910.15 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941 and 1953; amended March 24, 1997, effective July 1, 1997, 27 Pa.B. 1549; amended May 21, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (256279) to (256280).

Rule 1910.16. Support Order. Allocation. (a) In an order awarding child support and spousal support, the court may on its own motion or upon the motion of either party (1) Make an unallocated award in favor of the spouse and one or more children, or (2) State the amount of support allocable to the spouse and the amount allocable to each child. Official Note See 23 Pa.C.S. § 4348(d) for additional matters which must be specified in an order of support if arrearages exist when the order is entered. (b) An unallocated order in favor of the spouse and one or more children shall be a final order as to all claims covered in the order. No motion for post-trial relief may be filed to the final order. Official Note The procedure relating to Motions for Reconsideration is set forth in Rule 1930.2. Source The provisions of this Rule 1910.16 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 29, 1989, effective October 1, 1989, 19 Pa.B. 4450; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941. Immediately preceding text appears at serial page (177462).

Rule 1910.16-1. Amount of Support. Support Guidelines. (a) Applicability of the Support Guidelines. (1) Except as provided in subdivision (3), the support guidelines determine the amount of support that a spouse or parent should pay based on the parties’ combined monthly net income, as defined in Pa.R.C.P. No. 1910.16-2, and the number of persons being supported. (2) If a person caring for or having custody of a minor child, who does not have a duty of support to the minor child, initiates a child support action as provided in Pa.R.C.P. No. 1910.3: (i) the complaint shall identify the parent(s) as defendant(s); (ii) in determining the basic child support amount, the monthly net income for the individual initiating the action shall not be considered in the support calculation by the trier of fact; (iii) the parents’ monthly net incomes shall be combined to determine the basic child support amount, which shall be apportioned based on the parents’ respective monthly net incomes consistent with Pa.R.C.P. No. 1910.16-4. The parents shall pay the obligee their proportionate share of the basic child support amount as a separate obligor; and (iv) as with other support actions, the trier of fact may make adjustments or deviations consistent with the support guidelines based on the evidence presented by the parties. Example 1. The parents have one child, who is in the custody of the maternal grandmother. Maternal grandmother initiates a support action against the parents. Mother’s monthly net income is $3,000 and Father’s monthly net income is $2,000 for a combined monthly net income of $5,000. For purposes of the child support calculation, maternal grandmother’s income is irrelevant and not part of the calculation. The basic child support obligation for one child at a combined monthly net income of $5,000 is $990 per month. Mother’s percentage share of the combined monthly net income is 60% ($3,000/$5,000) and Father’s percentage share of the combined monthly net income is 40% ($2,000/$5,000). Mother’s preliminary monthly share of the child support obligation is $594 ($990 x 60%) and Father’s preliminary monthly share of the child support obligation is $396 ($990 x 40%). Maternal grandmother is the obligee with Mother and Father as separate obligors owing $594 and $396 respectively to the maternal grandmother. (3) In actions in which the plaintiff is a public body or private agency pursuant to Pa.R.C.P. No. 1910.3, the amount of the order shall be calculated under the guidelines based upon each obligor’s monthly net income, as defined in Pa.R.C.P. No. 1910.16-2, with the public or private entity’s income as zero. In such cases, each parent shall be treated as a separate obligor and the parent’s obligation will be based upon his or her own monthly net income without regard to the income of the other parent. (i) The amount of basic child support owed to other children not in placement shall be deducted from each parent’s monthly net income before calculating support for the child or children in placement, including the amount of direct support the guidelines assume will be provided by the custodial parent. Example 2. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and monthly net income of $2,000 per month. Father’s monthly net income is $3,000. The parties’ third child is in foster care placement. Pursuant to the schedule in Pa.R.C.P. No. 1910.16-3, the basic child support amount for the two children with Mother is $1,415. As Father’s income is 60% of the parties’ combined monthly net income, his basic support obligation to Mother is $849 per month. The guidelines assume that Mother will provide $566 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor’s income will be $2,151 for purposes of this calculation ($3,000 less $849 in support for the children with Mother). As the agency/obligee’s income is zero, Father’s support for the child in placement will be 100% of the schedule amount of basic support for one child at the $2,151 income level, or $509 per month. Mother/obligor’s income will be $1,434 for purposes of this calculation ($2,000 less $566 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or $348 per month. Example 3. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as in Example 2, Father’s income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be $849 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mother’s income would not be diminished as she owes no other child support. She would owe $686 for the children in placement (100% of the schedule amount for two children at the $2,000 income level). (ii) If the parents reside in the same household, their respective obligations to the children who remain in the household and are not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and the calculated support amount shall be deducted from the parents’ monthly net incomes for purposes of calculating support for the child(ren) in placement. Example 4. Mother and Father have four children, two of whom are in placement. Mother’s monthly net income is $4,000 and Father’s is $3,000. The basic support amount for the two children in the home is $1,660, according to the schedule in Pa.R.C.P. No. 1910.16-3. As Mother’s income is 57% of the parties’ combined monthly net incomes, her share would be $946, and Father’s 43% share would be $714. Mother’s income for purposes of calculating support for the two children in placement would be $3,054 ($4,000 less $946). She would pay 100% of the basic child support at that income level, or $1,032, for the children in placement. Father’s income would be $2,286 ($3,000 less $714) and his obligation to the children in placement would be $784. (iii) In the event that the combined amount the parents are required to pay exceeds the cost of placement, the trier of fact shall deviate the support amount downward to reduce each parent’s obligation in proportion to his or her share of the combined obligation. (4) The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures. (b) Amount of Support. The amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines which consist of the guidelines expressed as the child support schedule set forth in Rule 1910.16-3, the formula set forth in Rule 1910.16-4 and the operation of the guidelines as set forth in these rules. (c) Spousal Support and Alimony Pendente Lite. (1) Orders for spousal support and alimony pendente lite shall not be in effect simultaneously. (2) In determining the duration of an award for spousal support or alimony pendente lite, the trier of fact shall consider the duration of the marriage from the date of marriage to the date of final separation. (d) Rebuttable Presumption. If it has been determined that there is an obligation to pay support, there shall be a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Rule 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate. (e) Guidelines Review. The guidelines shall be reviewed at least once every four years to insure that application results in the determination of appropriate amounts of support. Explanatory Comment—2010 Introduction. Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. 23 Pa.C.S. § 4322(a). That statute further provides that the guideline shall be ‘‘established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly.’’ Id. Pursuant to federal law, The Family Support Act of 1988 (P. L. 100-485, 102 Stat. 2343 (1988), all states are required to have statewide child support guidelines. Federal regulations, 45 CFR 302.56, further require that the guidelines be reviewed at least once every four years and that such reviews include an assessment of the most recent economic data on child-rearing costs and a review of data from case files to assure that deviations from the guidelines are limited. The Pennsylvania statute also requires a review of the support guidelines every four years. 23 Pa.C.S.A. § 4322(a). The Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania began the mandated review process in early 2007. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with the Center for Policy Research, under contract between the Pennsylvania Department of Public Welfare and Policy Studies, Inc. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines. A. Income Shares Model. Pennsylvania’s child support guidelines are based upon the Income Shares Model. That model was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts. The Guidelines Project Advisory Group recommended the Income Shares Model for state guidelines. At present, 37 states use the Income Shares Model as a basis for their child support guidelines. The Income Shares Model is based upon the concept that the child of separated, divorced or never-married parents should receive the same proportion of parental income that she or he would have received if the parents lived together. A number of authoritative economic studies provide estimates of the average amount of household expenditures for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of the children. The basic support amounts reflected in the schedule in Rule 1910.16-3 represent average marginal expenditures on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents, including the first $250 of unreimbursed medical expenses incurred annually per child. 1. Economic Measures. The support schedule in Rule 1910.16-3 is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics, University of Notre Dame. Dr. Betson’s measurements were developed for the U.S. Department of Health and Human Services for the explicit purpose of assisting states with the development and revision of child support guidelines. Dr. Betson’s research also was used in developing the prior schedule, effective in January 2006. Dr. Betson updates his estimates using data from the Consumer Expenditure Survey conducted by the U.S. Bureau of Labor Statistics. In the current schedule, those figures were converted to 2008 price levels using the Consumer Price Index. 2. Source of Data. The estimates used to develop the schedule are based upon national data. The specific sources of the data are the periodic Consumer Expenditure Surveys. Those national surveys are used because they are the most detailed available source of data on household expenditures. The depth and quality of this information is simply not available at the state level and would be prohibitively costly to gather. The U. S. Department of Agriculture’s Center for Nutrition Policy and Promotion (‘‘CNPP’’) also develops economic estimates for the major categories of child-rearing expenditures. Although the committee reviewed these estimates, it is aware of only one state that relies upon the CNPP estimates as a basis for its child support schedule, and even that state makes certain adjustments. B. Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. § 4322(a), provides: Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties’ assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years. 1. Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the child’s needs shall receive priority. The guidelines assume that if the obligor’s net income is at the poverty level, he or she is barely able to provide for his or her own basic needs. In those cases, therefore, the entry of a minimal order may be appropriate after considering the party’s living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a party’s living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay. 2. Net Income. The guidelines use the net incomes of the parties. Each parent is required to contribute a share of the child’s reasonable needs in proportion to that parent’s share of the combined net income. The custodial parent makes these contributions through direct expenditures for food, shelter, clothing, transportation and other reasonable needs. The non-custodial parent makes contributions through periodic support payments to the custodial parent. Rule 1910.16-2(d) has been amended to clarify the provisions relating to income and earning capacity. 3. Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party’s actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines. C. Child Support Schedule. The child support schedule in Rule 1910.16-3 has been amended to reflect updated economic data, as required by federal and state law, to ensure that children continue to receive adequate levels of support. The support amounts in the schedule have been expanded to apply to a combined net monthly income of $30,000 and remain statistically valid. The economic data support the revised schedule. D. Self-Support Reserve (‘‘SSR’’). The amended schedule also incorporates an increase in the ‘‘Self-Support Reserve’’ or ‘‘SSR’’ from $748 per month to $867 per month, the 2008 federal poverty level for one person. Formerly designated as the ‘‘Computed Allowance Minimum’’ or ‘‘CAM,’’ the Self-Support Reserve, as it is termed in most other states’ guidelines, is intended to assure that low-income obligors retain sufficient income to meet their own basic needs, as well as to maintain the incentive to continue employment. The SSR is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent the obligor’s net income from falling below $867 per month. Because the schedule in Rule 1910.16-3 applies to child support only, Rule 1910.16-2(e)(1)(B) provides for a similar adjustment in spousal support and alimony pendente lite cases to assure that the obligor retains a minimum of $867 per month. E. Shared Custody. In creating the new schedule, the amounts of basic child support were first increased to reflect updated economic data, including 2008 price levels. Next, the amounts of basic child support were adjusted to incorporate into the schedule the assumption that the children spend 30% of the time with the obligor and that the obligor makes direct expenditures on their behalf during that time. That does not mean that the entire schedule was reduced by 30%. Only those variable expenditures, such as food and entertainment, that fluctuate based upon parenting time were adjusted. The calculation in Rule 1910.16-4(c) reduces an obligor’s support obligation further if the obligor spends significantly more time with the children. The revised schedule assumes that the obligor has 30% parenting time. The obligor will receive an additional 10% reduction in the amount of support owed at 40% parenting time, increasing incrementally to a 20% reduction at 50% parenting time. This method may still result in a support obligation even if custody of the children is equally shared. In those cases, the rule provides for a maximum obligation which may reduce the obligation so that the obligee does not receive a larger portion of the parties’ combined income than the obligor. F. Child Care Expenses. Rule 1910.16-6(a) was amended in 2006 to provide that child care expenses incurred by both parties shall be apportioned between the parties in recognition of the fact that a non-custodial parent also may incur such expenses during his or her custodial periods with the children. G. Spousal Support and Alimony Pendente Lite. Subdivision (c) has been amended to require the court to consider the duration of the marriage in determining the duration of a spousal support or alimony pendente lite award. The language was moved from Rule 1910.16-5 which deals with deviation. The primary purpose of this provision is to prevent the unfairness that arises in a short-term marriage when the obligor is required to pay support over a substantially longer period of time than the parties were married and there is little or no opportunity for credit for these payments at the time of equitable distribution. H. Other Amendments. All of the examples in the guidelines have been updated to reflect the changes to the basic child support schedule. Prior explanatory comments have been deleted or revised and incorporated into new comments. Explanatory Comment—2013 The schedule of basic child support has been updated to reflect newer economic data. The schedule was prepared by Jane Venohr, Ph.D., the economist who assisted in the last guideline review using the same methodology. It includes an increase in the Self-Support Reserve to $931 per month, the 2012 federal poverty level for one person. Explanatory Comment—2017 Pursuant to Pa.R.C.P. No. 1910.3(a), a person having custody of a child or caring for a child may initiate a support action against the child’s parent(s). Previously, this rule only addressed when a public body or private agency had custody of a child but was silent with regard to an individual third party, e.g., grandparent, seeking support. The rule has been amended by adding a new subdivision (a)(2) and renumbering the previous (a)(2) to (a)(3). In addition, an example illustrating the new (a)(2) calculation has been included. Subdivision (a)(2) excludes the income of the third party/obligee, as that person does not have a duty of support to the child; instead, the rule uses the combined monthly net income of the parents to determine the basic child support amount, which is then apportioned between the parents consistent with their respective percentage of the combined monthly net income in the same manner as a parent vs. parent support action. However, under this rule, each parent would be a separate obligor, would pay the obligee their proportionate share under a separate support order, and would be subject to separate enforcement proceedings. Under (a)(2), the exclusion of the third party’s income is consistent with Pa.R.C.P. No. 1910.16-2(b)(2)(B) as that rule relates to an action for support by a third party against a surviving parent in which the child receives a Social Security derivative benefit due to the death of the other parent. In accordance with Pa.R.C.P. No. 1910.16-6(c), payment of the first $250 of unreimbursed medical expenses per year per child is applicable to third party/obligees in support actions governed by (a)(2). The first $250 of unreimbursed medical expenses is built into the Basic Child Support Schedule. Source The provisions of this Rule 1910.16-1 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000; effective immediately, 30 Pa.B. 5837; amended August 20, 2003, effective immediately, 33 Pa.B. 4435; amended September 27, 2005, effective 4 months from date of this order, 35 Pa.B. 5643; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123; amended August 3, 2017, effective October 1, 2017, 47 Pa.B. 4813. Immediately preceding text appears at serial pages (386440) to (386445).

Rule 1910.16-2. Support Guidelines. Calculation of Monthly Net Income. Generally, the amount of support to be awarded is based upon the parties’ monthly net income. (a) Monthly Gross Income. Monthly gross income is ordinarily based upon at least a six-month average of all of a party’s income. The term ‘‘income’’ is defined by the support law, 23 Pa.C.S.A. § 4302, and includes income from any source. The statute lists many types of income including, but not limited to: (1) wages, salaries, bonuses, fees and commissions; (2) net income from business or dealings in property; (3) interest, rents, royalties, and dividends; (4) pensions and all forms of retirement; (5) income from an interest in an estate or trust; (6) Social Security disability benefits, Social Security retirement benefits, temporary and permanent disability benefits, workers’ compensation and unemployment compensation; (7) alimony if, in the discretion of the trier of fact, inclusion of part or all of it is appropriate; and Official Note Since the reasons for ordering payment of alimony vary, the appropriateness of including it in the recipient’s gross income must also vary. For example, if the obligor is paying $1,000 per month in alimony for the express purpose of financing obligee’s college education, it would be inappropriate to consider that alimony as income from which the obligee could provide child support. However, if alimony is intended to finance the obligee’s general living expenses, inclusion of the alimony as income is appropriate. (8) other entitlements to money or lump sum awards, without regard to source, including lottery winnings, income tax refunds, insurance compensation or settlements; awards and verdicts; and any form of payment due to and collectible by an individual regardless of source. Official Note The trial court has discretion to determine the most appropriate method for imputing lump-sum awards as income for purposes of establishing or modifying the party’s support obligation. These awards may be annualized or they may be averaged over a shorter or longer period of time depending on the circumstances of the case. They may also be escrowed in an amount sufficient to secure the support obligation during that period of time. Income tax refunds should not be included as income to the extent they were already factored into the party’s actual tax obligation for purposes of arriving at his or her net income. (b) Treatment of Public Assistance, SSI Benefits, Social Security Payments to a Child Due to a Parent’s Death, Disability or Retirement and Foster Care Payments. (1) Public Assistance and SSI Benefits. Neither public assistance nor Supplemental Security Income (SSI) benefits shall be counted as income for purposes of determining support. (2) Social Security Derivative Benefits for a Child. (A) This subdivision (A) shall be applied if a child for whom support is sought is receiving Social Security derivative benefits as a result of either parent’s retirement or disability. (i) If a child for whom support is sought is receiving Social Security benefits as a result of a parent’s retirement or disability, the amount of the benefit shall be added to the income of the party receiving the benefit on behalf of the child to calculate child support. Next, apportion the amount of basic child support set forth in the schedule in Rule 1910.16-3 between the parties based upon each party’s percentage share of their combined net monthly income, including the child’s benefit in the income of the party receiving it. (ii) If the child’s benefit is being paid to the obligee, the amount of the child’s benefit shall be deducted from the basic support obligation of the party whose retirement or disability created the child’s benefit. If the child’s benefit is being paid to the obligor, the child’s benefit shall not be deducted from the obligor’s obligation, even if the obligor’s retirement or disability created the child’s benefit. In cases of equally shared custody, first determine which party has the higher income without the benefit, and thus is the obligor, before adding the child’s benefit to the income of the party receiving it. (iii) In cases in which the obligor is receiving the child’s benefits, the domestic relations sections shall provide the parties with two calculations theoretically assigning the benefit to each household. (iv) In allocating additional expenses pursuant to Rule 1910.16-6, the allocation shall be based upon the parties’ incomes before the addition of the child’s benefit to the income of the party receiving it. (B) This subdivision (B) shall be applied when determining the support obligation of a surviving parent when the child for whom support is sought is receiving Social Security derivative benefits as a result of the other parent’s death. The income of a non-parent obligee who is caring for a child but has no support obligation to that child shall include only those funds the obligee is receiving on behalf of the child, including the Social Security derivative benefits if they are being paid to the obligee. If the benefits are being paid to the surviving parent, the amount of the benefit shall be added to that parent’s income to calculate child support. (3) Foster Care Payments. If either party to a support action is a foster parent and/or is receiving payments from a public or private agency for the care of a child who is not his or her biological or adoptive child, those payments shall not be included in the income of the foster parent or other caretaker for purposes of calculating child support for the foster parent’s or other caretaker’s biological or adoptive child. Example 1. The obligor has monthly net income of $2,000. The obligee’s monthly net income is $1,500 and the obligee, as primary custodial parent of the parties’ two children, receives $700 per month in Social Security derivative benefits on behalf of the children as a result of the obligor’s disability. Add the children’s benefit to the obligee’s income, which now is $2,200 per month. At the parties’ combined monthly net income of $4,200, the amount of basic child support for two children is $1,301. As the obligor’s income is 48% of the parties’ combined monthly net income, the obligor’s preliminary share of the basic support obligation is $624. However, because the obligor’s disability created the children’s Social Security derivative benefits that the obligee is receiving, the obligor’s obligation is reduced by the amount of the benefit, $700. As the support amount cannot be less than zero, the obligor’s support obligation is $0 per month. If it were the obligee’s disability that created the benefit, the obligor’s support obligation would remain $624. If the obligor were receiving the children’s benefit as a result of the obligor’s retirement or disability, the obligor’s income would include the amount of the benefit and total $2,700, or 64% of the parties’ combined monthly net income. The obligor’s share of the basic support obligation would then be $833 and would not be reduced by the amount of the children’s benefit because the obligor, not the obligee, is receiving the benefit. Therefore, the obligor’s support obligation is less if the obligee is receiving the benefit created by the obligor. Example 2. Two children live with Grandmother who receives $800 per month in Social Security death benefits for the children as a result of Father’s death. Grandmother also receives $500 per month from a trust established by Father for the benefit of the children. Grandmother is employed and earns $2,000 net per month. Grandmother seeks support from the children’s mother, who earns $1,500 net per month. For purposes of calculating Mother’s support obligation, Grandmother’s income will be $1,300, the amount she receives on behalf of the children in Social Security derivative benefits and the income from the trust. (If Mother were receiving the benefit on behalf of the children it would be added to her income such that Mother’s income would be $2,300 and Grandmother’s income would be $500.) Therefore, Mother’s and Grandmother’s combined monthly net incomes total $2,800. The basic support amount at the $2,800 income level for two children is $949. As Mother’s income of $1,500 is 54% of the parties’ combined income of $2,800, her portion of the basic support obligation is $512. Since Mother’s retirement or disability did not generate the child’s derivative benefit, the benefit amount is not subtracted from her portion of the basic support amount and Mother owes Grandmother $512. If Grandmother was not receiving the children’s derivative benefits or income from the trust, her income for purposes of calculating Mother’s child support obligation would be zero, and Mother would pay 100% of the basic support amount because Grandmother has no duty to support the children. Official Note Care must be taken to distinguish Social Security from Supplemental Security Income (SSI) benefits. Social Security benefits are income pursuant to subdivision (a) of this rule. (c) Monthly Net Income. (1) Unless otherwise provided in these rules, the court shall deduct only the following items from monthly gross income to arrive at net income: (A) federal, state, and local income taxes; (B) unemployment compensation taxes and Local Services Taxes (LST); (C) F.I.C.A. payments (Social Security, Medicare and Self-Employment taxes) and non-voluntary retirement payments; (D) mandatory union dues; and (E) alimony paid to the other party. (2) In computing a spousal support or alimony pendente lite obligation, the court shall deduct from the obligor’s monthly net income all of his or her child support obligations and any amounts of spousal support, alimony pendente lite or alimony being paid to former spouses. (d) Reduced or Fluctuating Income. (1) Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation. (2) Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control unless the trier of fact finds that such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation. (3) Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average. (4) Earning Capacity. If the trier of fact determines that a party to a support action has willfully failed to obtain or maintain appropriate employment, the trier of fact may impute to that party an income equal to the party’s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment. (e) Net Income Affecting Application of the Support Guidelines. (1) Low Income Cases. (A) If the obligor’s monthly net income and corresponding number of children fall into the shaded area of the schedule set forth in Pa.R.C.P. No. 1910.16-3, the basic child support obligation shall be calculated initially by using the obligor’s income only. For example, if the obligor has monthly net income of $1,100, the presumptive amount of support for three children is $110 per month. This amount is determined directly from the schedule in Pa.R.C.P. No. 1910.16-3. Next, calculate the obligor’s child support obligation by using the parties’ combined monthly net incomes and the formula in Pa.R.C.P. No. 1910.16-4. The lower of the two calculated amounts shall be the obligor’s basic child support obligation. Example 1: The parties have two children. The obligor has monthly net income of $1,500, which falls into the shaded area of the schedule for two children. Using only the obligor’s monthly net income, the amount of support for two children would be $472. Next, calculate support using the parties’ combined monthly net incomes. The obligee has monthly net income of $2,500 so the combined monthly net income of the parties is $4,000. The basic child support amount at that income level for two children is $1,269. As the obligor’s income is 38% of the combined monthly net income of the parties, the obligor’s share of the basic support amount is $482. As the amount of support the obligor would pay using only the obligor’s income is less than the amount calculated using the parties’ combined monthly net incomes, the lower amount would be awarded, and the obligor’s basic child support obligation would be $472. (B) In computing a basic spousal support or alimony pendente lite obligation, the presumptive amount of support shall not reduce the obligor’s monthly net income below the Self-Support Reserve of $981 per month. Example 2: If the obligor earns $1,000 per month and the obligee earns $300 per month, the formula in Part IV of Pa.R.C.P. No. 1910.16-4 would result in a support obligation of $280 per month ($1,000 – $300 = $700 x 40%). Since this amount leaves the obligor with only $720 per month, it must be adjusted so that the obligor retains at least $981 per month. The presumptive minimum amount of spousal support, therefore, is $19 per month in this case. (C) When the obligor’s monthly net income is $981 or less, the court may award support only after consideration of the parties’ actual financial resources and living expenses. (2) High Income Cases. When the parties’ combined net income exceeds $30,000 per month, calculation of child support, spousal support and alimony pendente lite shall be pursuant to Rule 1910.16-3.1. (f) Dependency Tax Exemption. In order to maximize the total income available to the parties and children, the court may, as justice and fairness require, award the federal child dependency tax exemption to the non-custodial parent, or to either parent in cases of equally shared custody, and order the other party to execute the waiver required by the Internal Revenue Code, 26 U.S.C.A. § 152(e). The tax consequences resulting from an award of the child dependency exemption must be considered in calculating each party’s income available for support. Explanatory Comment—2010 Subdivision (a) addresses gross income for purposes of calculating the support obligation by reference to the statutory definition at 23 Pa.C.S.A. § 4322. Subdivision (b) provides for the treatment of public assistance, SSI benefits, Social Security derivative benefits and foster care payments. Subdivision (c) sets forth the exclusive list of the deductions that may be taken from gross income in arriving at a party’s net income. When the cost of health insurance premiums is treated as an additional expense subject to allocation between the parties under Rule 1910.16-6, it is not deductible from gross income. However, part or all of the cost of health insurance premiums may be deducted from the obligor’s gross income pursuant to Rule 1910.16-6(b) in cases in which the obligor is paying the premiums and the obligee has no income or minimal income. Subdivision (c) relates to awards of spousal support or alimony pendente lite when there are multiple families. In these cases, a party’s net income must be reduced to account for his or her child support obligations, as well as any pre-existing spousal support, alimony pendente lite or alimony obligations being paid to former spouses who are not the subject of the support action. Subdivision (d) has been amended to clarify the distinction between voluntary and involuntary changes in income and the imputing of earning capacity. Statutory provisions at 23 Pa.C.S.A. § 4322, as well as case law, are clear that a support obligation is based upon the ability of a party to pay, and that the concept of an earning capacity is intended to reflect a realistic, rather than a theoretical, ability to pay support. Amendments to subdivision (d) are intended to clarify when imposition of an earning capacity is appropriate. Subdivision (e) has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve (‘‘SSR’’). The schedule now applies to all cases in which the parties’ combined net monthly income is $30,000 or less. The upper income limit of the prior schedule was only $20,000. The amount of support at each income level of the schedule also has changed, so the examples in Rule 1910.16-2 were revised to be consistent with the new support amounts. The SSR is intended to assure that obligors with low incomes retain sufficient income to meet their basic needs and to maintain the incentive to continue employment. When the obligor’s net monthly income or earning capacity falls into the shaded area of the schedule, the basic child support obligation can be derived directly from the schedule in Rule 1910.16-3. There is no need to use the formula in Rule 1910.16-4 to calculate the obligor’s support obligation because the SSR keeps the amount of the obligation the same regardless of the obligee’s income. The obligee’s income may be a relevant factor, however, in determining whether to deviate from the basic guideline obligation pursuant to Rule 1910.16-5 and in considering whether to require the obligor to contribute to any additional expenses under Rule 1910.16-6. Since the schedule in Rule 1910.16-3 sets forth basic child support only, subdivision (e)(1)(B) is necessary to reflect the operation of the SSR in spousal support and alimony pendente lite cases. It adjusts the basic guideline obligation, which would otherwise be calculated under the formula in Rule 1910.16-4, so that the obligor’s income does not fall below the SSR amount in these cases. Previously, the SSR required that the obligor retain at least $748 per month. The SSR now requires that the obligor retain income of at least $867 per month, an amount equal to the 2008 federal poverty level for one person. When the obligor’s monthly net income is less than $867, subsection (e)(1)(C) provides that the court must consider the parties’ actual living expenses before awarding support. The guidelines assume that at this income level the obligor is barely able to meet basic personal needs. In these cases, therefore, entry of a minimal order may be appropriate. In some cases, it may not be appropriate to order support at all. The schedule at Rule 1910.16-3 sets forth the presumptive amount of basic child support to be awarded. If the circumstances warrant, the court may deviate from that amount under Rule 1910.16-5 and may also consider a party’s contribution to additional expenses, which are typically added to the basic amount of support under Rule 1910.16-6. If, for example, the obligor earns only $900 per month but is living with his or her parents, or has remarried and is living with a fully-employed spouse, the court may consider an upward deviation under Rule 1910.16-5(b)(3) and/or may order the party to contribute to the additional expenses under Rule 1910.16-6. Consistent with the goals of the SSR, however, the court should ensure that the overall support obligation leaves the obligor with sufficient income to meet basic personal needs and to maintain the incentive to continue working so that support can be paid. Subdivision (e) also has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), in high income child support cases. In cases in which the parties’ combined net monthly income exceeds $30,000, child support will be calculated in accordance with the three-step process in new rule 1910.16-3.1(a). Explanatory Comment—2013 The SSR has been increased to $931, the 2012 federal poverty level for one person. Subdivision (e) has been amended to require that when the obligor’s income falls into the shaded area of the basic child support schedule in Rule 1910.16-3, two calculations must be performed. One calculation uses only the obligor’s income and the other is a regular calculation using both parties’ incomes, awarding the lower amount to the obligee. The two step process is intended to address those cases in which the obligor has minimal income and the obligee’s income is substantially greater. Explanatory Comment—2015 The rule has been amended to provide that a party’s support obligation will be reduced by the amount of a child’s Social Security derivative benefit if that party’s retirement or disability created the benefit and the benefit is being paid to the household in which the child primarily resides or the obligee in cases of equally shared custody. In most cases, payment of the benefit to the obligee’s household will increase the resources available to the child and the parties. The rule is intended to encourage parties to direct that the child’s benefits be paid to the obligee. Source The provisions of this Rule 1910.16-2 adopted September 29, 1989, effective September 30, 1989, 19 Pa.B. 4151; rescinded and replaced January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended November 9, 2004, effective immediately, 34 Pa.B. 6315; amended September 27, 2005, effective four months from date of this order, 35 Pa.B. 5643; amended January 5, 2010, effective immediately, 40 Pa.B. 413; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective September 30, 2011, 41 Pa.B. 4849; amended November 5, 2012, effective December 5, 2012, 42 Pa.B. 7091; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended April 29, 2015, effective July 1, 2015, 45 Pa.B. 2352; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123. Immediately preceding text appears at serial pages (377003) to (377009).

Rule 1910.16-3. Support Guidelines. Basic Child Support Schedule. The following schedule represents the amounts spent on children of intact families by combined monthly net income and number of children. Combined monthly net income is on the vertical axis of the schedule and number of children is on the horizontal axis of the schedule. This schedule is used to find the basic child support obligation. Unless otherwise provided in these rules, the obligor’s share of the basic support obligation shall be computed using the formula set forth in Part I of Pa.R.C.P. No. 1910.16-4.

Monthly Basic Child Support Schedule Combined Monthly One Two Three Four Five Six Net Income Child Children Children Children Children Children 1000

17

17

18

18

18

18

1050

62

63

64

64

65

66

1100

107

108

110

111

112

113

1150

152

154

156

157

159

161

1200

197

199

202

204

206

208

1250

242

245

248

250

253

256

1300

287

290

294

297

300

303

1350

325

336

340

343

347

351

1400

336

381

386

390

394

398

1450

348

427

432

436

441

446

1500

360

472

478

483

488

493

1550

372

518

524

529

535

541

1600

383

555

570

576

582

588

1650

395

571

616

622

629

636

1700

407

588

662

669

676

683

1750

418

605

708

715

723

731

1800

430

621

730

762

770

778

1850

441

638

748

808

817

826

1900

452

654

767

855

864

873

1950

464

670

786

878

911

921

2000

475

686

805

899

958

968

2050

487

703

824

920

1005

1016

2100

498

719

843

941

1035

1063

2150

509

735

861

962

1058

1111

2200

521

751

880

983

1081

1158

2250

532

768

899

1004

1105

1201

2300

543

784

918

1025

1128

1226

2350

555

800

937

1046

1151

1251

2400

566

816

956

1067

1174

1276

2450

578

832

974

1088

1197

1301

2500

589

849

993

1109

1220

1326

2550

600

865

1012

1131

1244

1352

2600

612

882

1032

1153

1268

1378

2650

623

898

1052

1175

1292

1404

2700

635

915

1071

1197

1316

1431

2750

647

932

1091

1218

1340

1457

2800

658

949

1111

1240

1364

1483

2850

670

965

1130

1262

1389

1509

2900

681

982

1150

1284

1413

1536

2950

693

999

1169

1306

1437

1562

3000

704

1015

1189

1328

1461

1588

3050

716

1032

1209

1350

1485

1614

3100

727

1049

1228

1372

1509

1641

3150

739

1065

1248

1394

1534

1667

3200

751

1082

1268

1416

1558

1693

3250

762

1099

1287

1438

1582

1719

3300

774

1115

1307

1460

1606

1745

3350

782

1127

1320

1475

1622

1763

3400

791

1140

1333

1489

1638

1781

3450

800

1152

1347

1504

1655

1799

3500

809

1164

1360

1519

1671

1817

3550

818

1176

1373

1534

1687

1834

3600

827

1188

1387

1549

1704

1852

3650

836

1200

1400

1564

1720

1870

3700

845

1212

1413

1579

1737

1888

3750

853

1224

1427

1594

1753

1905

3800

862

1236

1440

1608

1769

1923

3850

868

1245

1450

1620

1782

1937

3900

873

1253

1460

1630

1793

1949

3950

879

1261

1469

1641

1805

1962

4000

884

1269

1479

1652

1817

1975

4050

890

1277

1488

1662

1829

1988

4100

895

1285

1498

1673

1840

2001

4150

900

1293

1508

1684

1852

2013

4200

906

1301

1517

1695

1864

2026

4250

911

1309

1527

1705

1876

2039

4300

917

1317

1536

1716

1888

2052

4350

922

1325

1545

1726

1899

2064

4400

928

1333

1555

1736

1910

2076

4450

934

1341

1564

1747

1921

2088

4500

940

1349

1573

1757

1932

2100

4550

946

1357

1582

1767

1943

2113

4600

952

1365

1591

1777

1955

2125

4650

957

1373

1600

1787

1966

2137

4700

963

1381

1609

1797

1977

2149

4750

969

1389

1618

1807

1988

2161

4800

975

1397

1627

1817

1999

2173

4850

979

1403

1633

1824

2006

2181

4900

983

1407

1637

1828

2011

2186

4950

986

1411

1641

1833

2016

2191

5000

990

1415

1644

1837

2020

2196

5050

993

1419

1648

1841

2025

2201

5100

996

1423

1652

1845

2030

2206

5150

1000 1427

1656

1850

2034

2211

5200

1003 1431

1660

1854

2039

2217

5250

1007 1436

1663

1858

2044

2222

5300

1010 1440

1667

1862

2049

2227

5350

1014 1445

1672

1868

2055

2234

5400

1018 1451

1679

1876

2063

2243

5450

1022 1457

1686

1883

2072

2252

5500

1027 1463

1693

1891

2080

2261

5550

1031 1469

1700

1899

2089

2270

5600

1036 1475

1707

1906

2097

2279

5650

1040 1481

1714

1914

2105

2289

5700

1044 1487

1720

1922

2114

2298

5750

1049 1493

1727

1929

2122

2307

5800

1053 1499

1734

1937

2131

2316

5850

1057 1505

1741

1945

2139

2325

5900

1062 1511

1748

1952

2148

2334

5950

1066 1517

1755

1960

2156

2343

6000

1071 1523

1761

1968

2164

2353

6050

1075 1529

1768

1975

2173

2362

6100

1079 1536

1775

1983

2181

2371

6150

1085 1542

1783

1992

2191

2381

6200

1090 1549

1791

2000

2200

2392

6250

1095 1556

1798

2009

2210

2402

6300

1100 1563

1806

2017

2219

2412

6350

1105 1570

1814

2026

2228

2422

6400

1110 1577

1821

2034

2238

2432

6450

1115 1584

1829

2043

2247

2443

6500

1120 1591

1836

2051

2256

2453

6550

1125 1598

1844

2060

2266

2463

6600

1130 1605

1852

2068

2275

2473

6650

1135 1612

1859

2077

2285

2483

6700

1140 1619

1867

2085

2294

2494

6750

1145 1625

1875

2094

2303

2504

6800

1151 1632

1882

2103

2313

2514

6850

1156 1639

1890

2111

2322

2524

6900

1160 1646

1898

2120

2332

2535

6950

1165 1653

1906

2129

2342

2546

7000

1170 1660

1914

2138

2352

2556

7050

1175 1667

1922

2147

2361

2567

7100

1180 1674

1930

2156

2371

2578

7150

1185 1681

1938

2165

2381

2588

7200

1190 1687

1946

2173

2391

2599

7250

1195 1694

1954

2182

2401

2609

7300

1199 1701

1962

2191

2410

2620

7350

1204 1708

1970

2200

2420

2631

7400

1209 1715

1978

2209

2430

2641

7450

1214 1722

1986

2218

2440

2652

7500

1219 1729

1994

2227

2450

2663

7550

1224 1736

2002

2236

2459

2673

7600

1229 1743

2010

2245

2469

2684

7650

1233 1749

2017

2253

2478

2694

7700

1238 1756

2024

2261

2487

2704

7750

1243 1762

2032

2269

2496

2714

7800

1248 1769

2039

2278

2505

2723

7850

1253 1776

2046

2286

2514

2733

7900

1257 1782

2054

2294

2523

2743

7950

1262 1789

2061

2302

2532

2753

8000

1267 1795

2068

2310

2541

2762

8050

1272 1802

2076

2319

2550

2772

8100

1276 1808

2083

2327

2559

2782

8150

1281 1815

2090

2335

2568

2792

8200

1286 1822

2098

2343

2577

2802

8250

1291 1828

2105

2351

2586

2811

8300

1296 1835

2112

2359

2595

2821

8350

1300 1841

2120

2368

2604

2831

8400

1305 1848

2127

2376

2613

2841

8450

1310 1854

2134

2384

2622

2850

8500

1315 1861

2142

2392

2631

2860

8550

1320 1868

2149

2400

2640

2870

8600

1324 1874

2156

2408

2649

2880

8650

1329 1881

2164

2417

2659

2890

8700

1334 1888

2172

2426

2669

2901

8750

1339 1895

2181

2436

2679

2912

8800

1344 1902

2189

2445

2689

2923

8850

1349 1909

2197

2454

2699

2934

8900

1353 1916

2205

2463

2710

2945

8950

1358 1923

2214

2473

2720

2956

9000

1363 1930

2222

2482

2730

2967

9050

1368 1937

2230

2491

2740

2978

9100

1373 1944

2238

2500

2750

2990

9150

1378 1951

2247

2509

2760

3001

9200

1383 1958

2255

2519

2771

3012

9250

1387 1965

2263

2528

2781

3023

9300

1392 1972

2271

2537

2791

3034

9350

1397 1979

2280

2546

2801

3045

9400

1402 1986

2288

2556

2811

3056

9450

1407 1993

2296

2565

2821

3067

9500

1412 2000

2304

2574

2831

3078

9550

1417 2007

2313

2583

2842

3089

9600

1421 2014

2321

2593

2852

3100

9650

1426 2020

2328

2601

2861

3110

9700

1428 2024

2332

2605

2866

3115

9750

1431 2027

2336

2609

2870

3120

9800

1433 2031

2340

2614

2875

3125

9850

1436 2034

2344

2618

2880

3130

9900

1438 2038

2347

2622

2884

3135

9950

1441 2041

2351

2626

2889

3140

10000

1443 2044

2355

2630

2894

3145

10050

1445 2048

2359

2635

2898

3150

10100

1448 2051

2363

2639

2903

3155

10150

1450 2055

2366

2643

2908

3160

10200

1453 2058

2370

2647

2912

3166

10250

1455 2061

2374

2652

2917

3171

10300

1458 2065

2378

2656

2922

3176

10350

1460 2068

2382

2660

2926

3181

10400

1463 2072

2385

2664

2931

3186

10450

1465 2075

2389

2669

2936

3191

10500

1468 2079

2393

2673

2940

3196

10550

1470 2082

2397

2677

2945

3201

10600

1473 2085

2401

2681

2950

3206

10650

1475 2089

2404

2686

2954

3211

10700

1479 2094

2410

2692

2961

3219

10750

1483 2100

2416

2699

2969

3227

10800

1487 2105

2422

2706

2976

3235

10850

1491 2111

2428

2713

2984

3243

10900

1495 2116

2434

2719

2991

3251

10950

1499 2122

2441

2726

2999

3260

11000

1504 2127

2447

2733

3006

3268

11050

1508 2133

2453

2740

3014

3276

11100

1512 2138

2459

2746

3021

3284

11150

1516 2144

2465

2753

3029

3292

11200

1520 2149

2471

2760

3036

3300

11250

1524 2155

2477

2767

3043

3308

11300

1528 2160

2483

2774

3051

3316

11350

1532 2166

2489

2780

3058

3324

11400

1536 2171

2495

2787

3066

3333

11450

1540 2177

2501

2794

3073

3341

11500

1545 2182

2507

2801

3081

3349

11550

1549 2188

2513

2808

3088

3357

11600

1553 2193

2520

2814

3096

3365

11650

1557 2199

2526

2821

3103

3373

11700

1561 2204

2532

2828

3111

3381

11750

1565 2210

2538

2835

3118

3389

11800

1569 2215

2544

2841

3126

3398

11850

1573 2221

2550

2848

3133

3406

11900

1577 2226

2556

2855

3141

3414

11950

1582 2232

2563

2863

3149

3423

12000

1586 2239

2570

2871

3158

3433

12050

1591 2245

2577

2879

3167

3442

12100

1595 2251

2585

2887

3176

3452

12150

1600 2258

2592

2895

3185

3462

12200

1604 2264

2600

2904

3194

3472

12250

1609 2271

2607

2912

3203

3482

12300

1613 2277

2614

2920

3212

3492

12350

1618 2283

2622

2928

3221

3501

12400

1622 2290

2629

2937

3230

3511

12450

1627 2296

2636

2945

3239

3521

12500

1631 2303

2644

2953

3248

3531

12550

1636 2309

2651

2961

3257

3541

12600

1640 2316

2658

2969

3266

3551

12650

1645 2322

2666

2978

3275

3560

12700

1649 2328

2673

2986

3285

3570

12750

1654 2335

2681

2994

3294

3580

12800

1659 2341

2688

3002

3303

3590

12850

1663 2348

2695

3011

3312

3600

12900

1668 2354

2703

3019

3321

3610

12950

1672 2360

2710

3027

3330

3619

13000

1677 2367

2717

3035

3339

3629

13050

1681 2373

2725

3044

3348

3639

13100

1686 2380

2732

3052

3357

3649

13150

1690 2386

2739

3060

3366

3659

13200

1695 2392

2747

3068

3375

3669

13250

1699 2399

2754

3076

3384

3678

13300

1704 2405

2762

3085

3393

3688

13350

1708 2412

2769

3093

3402

3698

13400

1713 2418

2776

3101

3411

3708

13450

1717 2424

2784

3109

3420

3718

13500

1722 2431

2791

3118

3429

3728

13550

1726 2437

2798

3126

3438

3737

13600

1731 2444

2806

3134

3447

3747

13650

1735 2450

2813

3142

3456

3757

13700

1740 2457

2820

3150

3465

3767

13750

1745 2463

2828

3159

3475

3777

13800

1749 2469

2835

3167

3484

3787

13850

1754 2476

2843

3175

3493

3797

13900

1758 2482

2850

3183

3502

3806

13950

1763 2489

2857

3192

3511

3816

14000

1766 2493

2863

3198

3517

3823

14050

1770 2498

2868

3203

3524

3830

14100

1773 2503

2873

3209

3530

3837

14150

1776 2507

2878

3215

3536

3844

14200

1780 2512

2883

3221

3543

3851

14250

1783 2517

2889

3227

3549

3858

14300

1786 2521

2894

3232

3556

3865

14350

1790 2526

2899

3238

3562

3872

14400

1793 2531

2904

3244

3568

3879

14450

1797 2535

2909

3250

3575

3886

14500

1800 2540

2915

3256

3581

3893

14550

1803 2545

2920

3261

3588

3900

14600

1807 2549

2925

3267

3594

3907

14650

1810 2554

2930

3273

3600

3914

14700

1814 2558

2935

3279

3607

3921

14750

1817 2563

2941

3285

3613

3927

14800

1820 2568

2946

3290

3620

3934

14850

1824 2572

2951

3296

3626

3941

14900

1827 2577

2956

3302

3632

3948

14950

1830 2582

2961

3308

3639

3955

15000

1834 2586

2967

3314

3645

3962

15050

1837 2591

2972

3320

3651

3969

15100

1841 2596

2977

3325

3658

3976

15150

1844 2600

2982

3331

3664

3983

15200

1847 2605

2987

3337

3671

3990

15250

1851 2610

2993

3343

3677

3997

15300

1854 2614

2998

3349

3683

4004

15350

1858 2619

3003

3354

3690

4011

15400

1861 2624

3008

3360

3696

4018

15450

1864 2628

3013

3366

3703

4025

15500

1868 2633

3019

3372

3709

4032

15550

1871 2638

3024

3378

3715

4039

15600

1874 2642

3029

3383

3722

4046

15650

1878 2647

3034

3389

3728

4053

15700

1881 2652

3039

3395

3735

4059

15750

1885 2656

3045

3401

3741

4066

15800

1888 2661

3050

3407

3747

4073

15850

1891 2666

3055

3412

3754

4080

15900

1895 2670

3060

3418

3760

4087

15950

1898 2675

3065

3424

3767

4094

16000

1902 2679

3071

3430

3773

4101

16050

1905 2684

3076

3436

3779

4108

16100

1908 2689

3081

3442

3786

4115

16150

1912 2693

3086

3447

3792

4122

16200

1915 2698

3091

3453

3798

4129

16250

1918 2703

3097

3459

3805

4136

16300

1922 2707

3102

3465

3811

4143

16350

1925 2712

3107

3471

3818

4150

16400

1929 2717

3112

3476

3824

4157

16450

1932 2721

3117

3482

3830

4164

16500

1935 2726

3123

3488

3837

4171

16550

1939 2731

3128

3494

3843

4178

16600

1942 2735

3133

3500

3850

4184

16650

1946 2740

3138

3505

3856

4191

16700

1949 2745

3143

3511

3862

4198

16750

1952 2749

3149

3517

3869

4205

16800

1956 2754

3154

3523

3875

4212

16850

1959 2759

3159

3529

3882

4219

16900

1963 2763

3164

3534

3888

4226

16950

1966 2768

3169

3540

3894

4233

17000

1969 2773

3175

3546

3901

4240

17050

1973 2777

3180

3552

3907

4247

17100

1976 2782

3185

3558

3913

4254

17150

1979 2787

3190

3564

3920

4261

17200

1983 2791

3195

3569

3926

4268

17250

1986 2796

3201

3575

3933

4275

17300

1990 2801

3206

3581

3939

4282

17350

1993 2805

3211

3587

3945

4289

17400

1996 2810

3216

3593

3952

4296

17450

2000 2814

3221

3598

3958

4303

17500

2003 2819

3227

3604

3965

4310

17550

2007 2824

3232

3610

3971

4316

17600

2010 2828

3237

3616

3977

4323

17650

2013 2833

3242

3622

3984

4330

17700

2017 2838

3247

3627

3990

4337

17750

2020 2842

3253

3633

3997

4344

17800

2023 2847

3258

3639

4003

4351

17850

2027 2852

3263

3645

4009

4358

17900

2030 2856

3268

3651

4016

4365

17950

2034 2861

3273

3656

4022

4372

18000

2037 2866

3279

3662

4028

4379

18050

2040 2870

3284

3668

4035

4386

18100

2044 2875

3289

3674

4041

4393

18150

2047 2880

3294

3680

4048

4400

18200

2051 2884

3299

3685

4054

4407

18250

2054 2889

3305

3691

4060

4414

18300

2057 2894

3310

3697

4067

4421

18350

2061 2898

3315

3703

4073

4428

18400

2064 2903

3320

3709

4080

4435

18450

2067 2908

3325

3715

4086

4441

18500

2071 2912

3331

3720

4092

4448

18550

2074 2917

3336

3726

4099

4455

18600

2078 2922

3341

3732

4105

4462

18650

2081 2926

3346

3738

4112

4469

18700

2084 2931

3351

3744

4118

4476

18750

2088 2935

3357

3749

4124

4483

18800

2091 2940

3362

3755

4131

4490

18850

2095 2945

3367

3761

4137

4497

18900

2098 2949

3372

3767

4143

4504

18950

2101 2954

3377

3773

4150

4511

19000

2105 2959

3383

3778

4156

4518

19050

2108 2963

3388

3784

4163

4525

19100

2112 2968

3393

3790

4169

4532

19150

2115 2973

3398

3796

4175

4539

19200

2118 2977

3403

3802

4182

4546

19250

2122 2982

3409

3807

4188

4553

19300

2125 2987

3414

3813

4195

4560

19350

2128 2991

3419

3819

4201

4566

19400

2132 2996

3424

3825

4207

4573

19450

2135 3001

3429

3831

4214

4580

19500

2139 3005

3435

3837

4220

4587

19550

2142 3010

3440

3842

4227

4594

19600

2145 3015

3445

3848

4233

4601

19650

2149 3019

3450

3854

4239

4608

19700

2152 3024

3455

3860

4246

4615

19750

2156 3029

3461

3866

4252

4622

19800

2159 3033

3466

3871

4259

4629

19850

2162 3038

3471

3877

4265

4636

19900

2166 3043

3476

3883

4271

4643

19950

2169 3047

3481

3889

4278

4650

20000

2172 3052

3487

3895

4284

4657

20050

2176 3056

3492

3900

4290

4664

20100

2179 3061

3497

3906

4297

4671

20150

2183 3066

3502

3912

4303

4678

20200

2186 3070

3507

3918

4310

4685

20250

2189 3075

3513

3924

4316

4692

20300

2193 3080

3518

3929

4322

4698

20350

2196 3084

3523

3935

4329

4705

20400

2200 3089

3528

3941

4335

4712

20450

2203 3094

3533

3947

4342

4719

20500

2206 3098

3539

3953

4348

4726

20550

2210 3103

3544

3959

4354

4733

20600

2213 3108

3549

3964

4361

4740

20650

2216 3112

3554

3970

4367

4747

20700

2220 3117

3559

3976

4374

4754

20750

2223 3122

3565

3982

4380

4761

20800

2227 3126

3570

3988

4386

4768

20850

2230 3131

3575

3993

4393

4775

20900

2233 3136

3580

3999

4399

4782

20950

2237 3140

3585

4005

4405

4789

21000

2240 3145

3591

4011

4412

4796

21050

2244 3150

3596

4017

4418

4803

21100

2247 3154

3601

4022

4425

4810

21150

2250 3159

3606

4028

4431

4817

21200

2254 3164

3611

4034

4437

4823

21250

2257 3168

3617

4040

4444

4830

21300

2261 3173

3622

4046

4450

4837

21350

2264 3177

3627

4051

4457

4844

21400

2267 3182

3632

4057

4463

4851

21450

2271 3187

3637

4063

4469

4858

21500

2274 3191

3643

4069

4476

4865

21550

2277 3196

3648

4075

4482

4872

21600

2281 3201

3653

4080

4489

4879

21650

2284 3205

3658

4086

4495

4886

21700

2288 3210

3663

4092

4501

4893

21750

2291 3215

3669

4098

4508

4900

21800

2294 3219

3674

4104

4514

4907

21850

2298 3224

3679

4110

4520

4914

21900

2301 3229

3684

4115

4527

4921

21950

2305 3233

3689

4121

4533

4928

22000

2308 3238

3695

4127

4540

4935

22050

2311 3243

3700

4133

4546

4942

22100

2315 3247

3705

4139

4552

4949

22150

2318 3252

3710

4144

4559

4955

22200

2321 3257

3715

4150

4565

4962

22250

2325 3261

3721

4156

4572

4969

22300

2328 3266

3726

4162

4578

4976

22350

2332 3271

3731

4168

4584

4983

22400

2335 3275

3736

4173

4591

4990

22450

2338 3280

3741

4179

4597

4997

22500

2342 3285

3747

4185

4604

5004

22550

2345 3289

3752

4191

4610

5011

22600

2349 3294

3757

4197

4616

5018

22650

2352 3299

3762

4202

4623

5025

22700

2355 3303

3767

4208

4628

5031

22750

2359 3307

3771

4212

4633

5036

22800

2362 3311

3775

4216

4638

5041

22850

2365 3315

3779

4220

4642

5046

22900

2369 3319

3783

4224

4647

5051

22950

2372 3323

3787

4229

4652

5056

23000

2375 3328

3792

4233

4656

5061

23050

2378 3332

3796

4237

4661

5066

23100

2382 3336

3800

4241

4665

5071

23150

2385 3340

3804

4246

4670

5076

23200

2388 3344

3808

4250

4675

5081

23250

2392 3348

3812

4254

4679

5087

23300

2395 3352

3816

4258

4684

5092

23350

2398 3356

3820

4262

4689

5097

23400

2402 3360

3824

4267

4693

5102

23450

2405 3365

3828

4271

4698

5107

23500

2408 3369

3833

4275

4703

5112

23550

2412 3373

3837

4279

4707

5117

23600

2415 3377

3841

4284

4712

5122

23650

2418 3381

3845

4288

4717

5127

23700

2422 3385

3849

4292

4721

5132

23750

2425 3389

3853

4296

4726

5137

23800

2428 3393

3857

4300

4730

5142

23850

2432 3397

3861

4305

4735

5147

23900

2435 3401

3865

4309

4740

5152

23950

2438 3406

3869

4313

4744

5157

24000

2441 3410

3874

4317

4749

5162

24050

2445 3414

3878

4322

4754

5167

24100

2448 3418

3882

4326

4758

5172

24150

2451 3422

3886

4330

4763

5177

24200

2455 3426

3890

4334

4768

5182

24250

2458 3430

3894

4338

4772

5187

24300

2461 3434

3898

4343

4777

5192

24350

2465 3438

3902

4347

4782

5198

24400

2468 3442

3906

4351

4786

5203

24450

2471 3447

3910

4355

4791

5208

24500

2475 3451

3914

4359

4795

5213

24550

2478 3455

3919

4364

4800

5218

24600

2481 3459

3923

4368

4805

5223

24650

2485 3463

3927

4372

4809

5228

24700

2488 3467

3931

4376

4814

5233

24750

2491 3471

3935

4381

4819

5238

24800

2495 3475

3939

4385

4823

5243

24850

2498 3479

3943

4389

4828

5248

24900

2501 3484

3947

4393

4833

5253

24950

2504 3488

3951

4397

4837

5258

25000

2508 3492

3955

4402

4842

5263

25050

2511 3496

3960

4406

4846

5268

25100

2514 3500

3964

4410

4851

5273

25150

2518 3504

3968

4414

4856

5278

25200

2521 3508

3972

4419

4860

5283

25250

2524 3512

3976

4423

4865

5288

25300

2528 3516

3980

4427

4870

5293

25350

2531 3520

3984

4431

4874

5298

25400

2534 3525

3988

4435

4879

5303

25450

2538 3529

3992

4440

4884

5308

25500

2541 3533

3996

4444

4888

5314

25550

2544 3537

4000

4448

4893

5319

25600

2548 3541

4005

4452

4898

5324

25650

2551 3545

4009

4457

4902

5329

25700

2554 3549

4013

4461

4907

5334

25750

2558 3553

4017

4465

4911

5339

25800

2561 3557

4021

4469

4916

5344

25850

2564 3562

4025

4473

4921

5349

25900

2567 3566

4029

4478

4925

5354

25950

2571 3570

4033

4482

4930

5359

26000

2574 3574

4037

4486

4935

5364

26050

2577 3578

4041

4490

4939

5369

26100

2581 3582

4046

4494

4944

5374

26150

2584 3586

4050

4499

4949

5379

26200

2587 3590

4054

4503

4953

5384

26250

2591 3594

4058

4507

4958

5389

26300

2594 3598

4062

4511

4962

5394

26350

2597 3603

4066

4516

4967

5399

26400

2601 3607

4070

4520

4972

5404

26450

2604 3611

4074

4524

4976

5409

26500

2607 3615

4078

4528

4981

5414

26550

2611 3619

4082

4532

4986

5419

26600

2614 3623

4086

4537

4990

5424

26650

2617 3627

4091

4541

4995

5430

26700

2621 3631

4095

4545

5000

5435

26750

2624 3635

4099

4549

5004

5440

26800

2627 3640

4103

4554

5009

5445

26850

2630 3644

4107

4558

5014

5450

26900

2634 3648

4111

4562

5018

5455

26950

2637 3652

4115

4566

5023

5460

27000

2640 3656

4119

4570

5027

5465

27050

2644 3660

4123

4575

5032

5470

27100

2647 3664

4127

4579

5037

5475

27150

2650 3668

4132

4583

5041

5480

27200

2654 3672

4136

4587

5046

5485

27250

2657 3676

4140

4592

5051

5490

27300

2660 3681

4144

4596

5055

5495

27350

2664 3685

4148

4600

5060

5500

27400

2667 3689

4152

4604

5065

5505

27450

2670 3693

4156

4608

5069

5510

27500

2674 3697

4160

4613

5074

5515

27550

2677 3701

4164

4617

5079

5520

27600

2680 3705

4168

4621

5083

5525

27650

2684 3709

4173

4625

5088

5530

27700

2687 3713

4177

4629

5092

5535

27750

2690 3718

4181

4634

5097

5541

27800

2693 3722

4185

4638

5102

5546

27850

2697 3726

4189

4642

5106

5551

27900

2700 3730

4193

4646

5111

5556

27950

2703 3734

4197

4651

5116

5561

28000

2707 3738

4201

4655

5120

5566

28050

2710 3742

4205

4659

5125

5571

28100

2713 3746

4209

4663

5130

5576

28150

2717 3750

4213

4667

5134

5581

28200

2720 3754

4218

4672

5139

5586

28250

2723 3759

4222

4676

5143

5591

28300

2727 3763

4226

4680

5148

5596

28350

2730 3767

4230

4684

5153

5601

28400

2733 3771

4234

4689

5157

5606

28450

2737 3775

4238

4693

5162

5611

28500

2740 3779

4242

4697

5167

5616

28550

2743 3783

4246

4701

5171

5621

28600

2747 3787

4250

4705

5176

5626

28650

2750 3791

4254

4710

5181

5631

28700

2753 3796

4259

4714

5185

5636

28750

2756 3800

4263

4718

5190

5641

28800

2760 3804

4267

4722

5195

5646

28850

2763 3808

4271

4727

5199

5651

28900

2766 3812

4275

4731

5204

5657

28950

2770 3816

4279

4735

5208

5662

29000

2773 3820

4283

4739

5213

5667

29050

2776 3824

4287

4743

5218

5672

29100

2780 3828

4291

4748

5222

5677

29150

2783 3832

4295

4752

5227

5682

29200

2786 3837

4299

4756

5232

5687

29250

2790 3841

4304

4760

5236

5692

29300

2793 3845

4308

4764

5241

5697

29350

2796 3849

4312

4769

5246

5702

29400

2800 3853

4316

4773

5250

5707

29450

2803 3857

4320

4777

5255

5712

29500

2806 3861

4324

4781

5259

5717

29550

2810 3865

4328

4786

5264

5722

29600

2813 3869

4332

4790

5269

5727

29650

2816 3874

4336

4794

5273

5732

29700

2819 3878

4340

4798

5278

5737

29750

2823 3882

4345

4802

5283

5742

29800

2826 3886

4349

4807

5287

5747

29850

2829 3890

4353

4811

5292

5752

29900

2833 3894

4357

4815

5297

5757

29950

2836 3898

4361

4819

5301

5762

30000

2839 3902

4365

4824

5306

5768

Explanatory Comment—2010 The basic child support schedule has been amended to reflect updated economic data. The schedule has been expanded to include all cases in which the parties’ combined net monthly income is $30,000 or less. It also reflects an increase in the Self-Support Reserve to $867, the 2008 poverty level for one person. The schedule was further adjusted to incorporate an assumption that the children spend 30% of the time with the obligor. Explanatory Comment—2013 The basic child support schedule has been amended to reflect updated economic data. It also reflects an increase in the Self-Support Reserve to $931, the 2012 poverty level for one person, which has been incorporated into the schedule. Source The provisions of this Rule 1910.16-3 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended October 25, 1989, effective October 25, 1989, 19 Pa.B. 4861; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended July 15, 1994, effective September 1, 1994, 24 Pa.B. 3802; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended September 27, 2005, effective 4 months from the date of this order, 35 Pa. B. 5643; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123. Immediately preceding text appears at serial pages (377009) to (377010) and (366493) to (366528).

Rule 1910.16-3.1. Support Guidelines. High Income Cases. (a) Child Support Formula. If the parties’ combined monthly net income exceeds $30,000, the following three-step process shall be applied to calculate the parties’ respective child support obligations. The amount of support calculated pursuant to this three-step process shall not be less than the amount of support that would have been awarded if the parties’ combined monthly net income was $30,000. The calculated amount shall be the presumptive minimum amount of support. (1) First, the following formula shall be applied as a preliminary analysis in calculating the amount of basic child support to be apportioned between the parties according to their respective monthly net incomes: One child: $2,839 + 8.6% of combined monthly net income above $30,000. Two children: $3,902 + 11.8% of combined monthly net income above $30,000. Three children: $4,365 + 12.9% of combined monthly net income above $30,000. Four children: $4,824 + 14.6% of combined monthly net income above $30,000. Five children: $5,306 + 16.1% of combined monthly net income above $30,000. Six children: $5,768 + 17.5% of combined monthly net income above $30,000; (2) And second, the trier of fact shall apply Part II and Part III of the formula at Rule 1910.16-4(a), making any applicable adjustments for substantial or shared custody pursuant to Rule 1910.16-4(c) and allocations of additional expenses pursuant to Rule 1910.16-6; (3) Then, third, the trier of fact shall consider the factors in Rule 1910.16-5 in making a final child support award and shall make findings of fact on the record or in writing. After considering all of the factors in Rule 1910.16-5, the trier of fact may adjust the amount calculated pursuant to subdivisions (1) and (2) above upward or downward, subject to the presumptive minimum. (b) Spousal Support and Alimony Pendente Lite. In cases in which the parties’ combined monthly net income exceeds $30,000, the trier of fact shall apply the formula in Part IV of Rule 1910.16-4(a) as a preliminary analysis in calculating spousal support or alimony pendente lite. In determining the amount and duration of the final spousal support or alimony pendente lite award, the trier of fact shall consider the factors in Rule 1910.16-5 and shall make findings of fact on the record or in writing. Explanatory Comment—2010 New Rule 1910.16-3.1 is intended to bring all child support cases under the guidelines and treat similarly situated parties similarly. Thus, high income child support cases no longer will be decided pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). Economic data supports the amounts in the basic child support schedule up to combined net incomes of $30,000 per month. Above that amount, economic data is not readily available. Thus, for cases in which the parties’ combined net monthly income is above $30,000, the formula first applies a fixed percentage to calculate the amount of support. The formula is an extrapolation of the available economic data to higher income cases. Spousal support and alimony pendente lite awards in high income cases are preliminarily calculated pursuant to the formula in Part IV of Rule 1910.16-4(a). However, in both high income child support and spousal support/alimony pendente lite cases, the trier of fact is required to consider the factors in Rule 1910.16-5 before entering a final order and to make findings of fact on the record or in writing. Pursuant to Rule 1910.11(c)(2), in all high income cases, the parties must submit an Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) to enable the trier of fact to consider the factors in Rule 1910.16-5. Explanatory Comment—2011 The rule has been amended to clarify that the provisions of Rule 1910.16-4(c), regarding adjustments to support when the obligor has substantial or shared custody, apply in high income cases. Previously, when high income cases were decided pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), case law held that because the time and resources each parent provided to a child were factored into the Melzer formula, the reductions for substantial or shared parenting time did not apply to cases decided pursuant to Melzer. See, e.g., Sirio v. Sirio, 951 A.2d 1188 (Pa. Super. 2008), Bulgarelli v. Bulgarelli, 934 A.2d 107 (Pa. Super. 2007). As Melzer no longer applies to calculate support in high income cases, the prohibition against reductions for substantial or shared parenting time in such cases is no longer applicable. Source The provisions of this Rule 1910.16-3.1 adopted January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective September 30, 2011, 41 Pa.B. 4851; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123. Immediately preceding text appears at serial pages (366529) to (366530).

Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation, Formula. (a) The following formula shall be used to calculate the obligor’s share of basic child support, either from the schedule in Rule 1910.16-3 or the formula in Rule 1910.163.1(a), as well as spousal support and alimony pendente lite obligations. In high income cases, Part IV shall be used as a preliminary analysis in the calculation of spousal support or alimony pendente lite obligations: PART I. BASIC CHILD SUPPORT OBLIGOR OBLIGEE 1. Total Gross Income Per Pay Period 2. Less Deductions

(

(

)

)

3. Net Income 4. Conversion to Monthly Amount (if pay period is other than monthly) Include amount of child’s monthly Social Security derivative benefit, if any, in the income of the party receiving it pursuant to Rule 1910.162(b)(2)(A) or (B). 5. Combined Total Monthly Net Income

6. BASIC CHILD SUPPORT OBLIGATION (determined from schedule at Rule 1910.16-3 based on number of children and line 5 combined monthly net income) 7. Net Income Expressed as a Percentage Share of Income (divide line 4 by line 5 and multiply by 100)

%

%

8. Each Party’s Preliminary Monthly Share of the Basic Child Support Obligation (multiply line 6 and 7) 9. Subtract Child’s Social Security Derivative Disability or Retirement Benefit from the Monthly Share of Basic Child Support of the Party whose Retirement or Disability Created the Child’s Benefits if the Benefits are Paid to the Obligee 10. Each Party’s Adjusted Monthly Share of the Basic Child Support Obligation (Not less than 0) PART II. SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c) of this rule)

11. a. Percentage of Time Obligor Spends with Children (divide number of overnights with obligor by 365 and multiply by 100) b. Subtract 30% c. Obligor’s Adjusted Percentage Share of the Basic Monthly Support Obligation (subtract result of calculation in line 11b from line 7)

% ( %) %

d. Obligor’s Preliminary Adjusted Share of the Basic Monthly Support Obligation (multiply line 11c and line 6) e. Further adjustment, if necessary under subdivision (c)(2) of this rule f. Obligor’s Adjusted Share of the Basic Child Support Amount. PART III. ADDITIONAL EXPENSES (See Rule 1910.16-6) 12. a. Obligor’s Share of Child Care Expenses b. Obligor’s Share of Health Insurance Premium (if the obligee is paying the premium) (

c. Less Obligee’s Share of the Health Insurance Premium (if the obligor is paying the premium)

)

d. Obligor’s Share of Unreimbursed Medical Expenses e. Other Additional Expenses f. Total Additional Expenses 13. OBLIGOR’S TOTAL MONTHLY SUPPORT OBLIGATION (add line 10 or 11f, if applicable, and line 12f) PART IV. SPOUSAL SUPPORT OR APL With Dependent Children 14. Obligor’s Monthly Net Income (line 4) Less Obligor’s Support, Alimony Pendente Lite or Alimony Obligations, if any, to Children or Former Spouses who are not part of this action (see Rule 15. 1910.16-2(c)(2)) 16. Less Obligee’s Monthly Net Income (line 4)

( ) ( )

17. Difference 18. Less Obligor’s Total Monthly Child Support Obligation Without Part II Substantial or Shared Custody Adjustment (Obligor’s line 10 plus line 12f)

( )

19. Difference x

20. Multiply by 30%

.30

21. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL

Without Dependent Children 22. Obligor’s Monthly Net Income (line 4) Less Obligor’s Support, Alimony Pendente Lite or Alimony Obligations, if any, to Children or Former Spouses who are not part of this action (see Rule 23. 1910.16-2(c)(2)) 24. Less Obligee’s Monthly Net Income (line 4)

( ) ( )

25. Difference x

26. Multiply by 40%

.40

27. PRELIMINARY AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL 28. Adjustments for Other Expenses (see Rule 1910.16-6) 29. TOTAL AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL (b) Order For More Than Six Children. When there are more than six children who are the subject of a single order, the child support obligation shall be calculated as follows. First, determine the appropriate amount of support for six children under the guidelines. Using the same income figures, subtract the support amount for five children from the amount for six children. Multiply the difference by the number of children in excess of six and add the resulting amount to the guideline amount for six children. (c) Substantial or Shared Physical Custody. (1) When the children spend 40% or more of their time during the year with the obligor, a rebuttable presumption arises that the obligor is entitled to a reduction in the basic support obligation to reflect this time. This rebuttable presumption also applies in high income cases decided pursuant to Rule 1910.16-3.1. Except as provided in subsection (2) below, the reduction shall be calculated pursuant to the formula set forth in Part II of subdivision (a) of this rule. For purposes of this provision, the time spent with the children shall be determined by the number of overnights they spend during the year with the obligor. Example. If the obligor and the obligee have monthly net incomes of $5,000 and $2,300, respectively, their combined child support obligation is $1,701 for two children. Using the income shares formula in Part I, the obligor’s share of this obligation is 68%, or $1,157. If the children spend 40% of their time with the obligor, the formula in Part II applies to reduce his or her percentage share of the combined support obligation to 58%, or $987. If the children spend 45% of their time with the obligor, his or her percentage share of the combined obligation is reduced to 53%, or $902. If the children spend equal time with both parents, the obligor’s percentage share is reduced to 48%, or $816. (2) Without regard to which parent initiated the support action, when the children spend equal time with their parents, the Part II formula cannot be applied unless the obligor is the parent with the higher income. An order shall not be entered requiring the parent with the lower income to pay basic child support to the parent with the higher income. However, this subdivision shall not preclude the entry of an order requiring the parent with less income to contribute to additional expenses pursuant to Pa.R.C.P. No. 1910.166. Based upon the evidence presented, the trier of fact may enter an order against either party without regard to which party initiated the action. If the parties share custody equally and the support calculation results in the obligee receiving a larger share of the parties’ combined income, then the court shall adjust the support obligation so that the combined monthly net income is allocated equally between the two households. In those cases, spousal support or alimony pendente lite shall not be awarded. Example 1. Mother and Father have monthly net incomes of $3,000 and $2,700, respectively. Mother has filed for support for the parties’ two children with whom the parties share time equally. As the parties have equal custody and Mother has the higher income, Mother cannot be the obligee. Although Mother initiated the support action, she would be the obligor. Pursuant to the basic child support schedule in Pa.R.C.P. No. 1910.16-3, the support amount for two children at the parties’ combined monthly net income level is $1,487 per month. Mother’s share is 53% of that amount, or $788. Father’s share is 47%, or $699. Application of lines 11a and 11b of the Part II formula results in a 20% reduction in support when the obligor has 50% custody of the children. Mother’s adjusted percentage share of the basic support amount is 33% (53% - 20% = 33%). Her adjusted share of the basic support amount is $491 (33% of $1,487). However, as this amount would result in Father having a greater share of the parties’ combined monthly net income ($3,191 vs. $2,509), Mother’s support obligation would be adjusted to $150 per month to allocate the parties’ combined monthly net income equally between the two households and would be the presumptive amount of basic support payable to Father under these circumstances. Example 2. If the obligor and the obligee have monthly net incomes of $3,000 and $2,500, respectively, then their combined child support obligation for two children is $1,463. The obligor’s share of this obligation is 55%, or $805 ($1,463 x 55%). If the children spend equal time with the parents, the formula in Part II results in a support obligation of $512 ($1,463 x 35%) payable to the obligee. Since this amount results in the obligee having monthly net income of $3,012 and the obligor having monthly net income of $2,488, the obligor’s support obligation would be adjusted to $250 to equalize the combined monthly net income between the parties’ households and would be the presumptive amount of basic support payable to the obligee under these circumstances. (d) Divided or Split Physical Custody. When Each Party Owes Child Support to the Other Party. Varied Partial or Shared Custodial Schedules. (1) Divided or Split Physical Custody. When Each Party Owes Child Support to the Other Party. When calculating a child support obligation and each party owes child support to the other party as a result of the custodial arrangement, the court shall offset the parties’ respective child support obligations and award the net difference to the obligee as child support. Example 1. If the parties have three children, one child resides with Mother and two children reside with Father, and their monthly net incomes are $2,500 and $1,250 respectively, Mother’s child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for two children at the parties’ combined monthly net income of $3,750. The amount of basic child support to be apportioned between the parties is $1,224. As Mother’s income is 67% of the parties’ combined monthly net income, Mother’s support obligation for the two children living with Father is $820. Father’s child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties’ combined monthly net income of $3,750. The amount of basic child support to be apportioned between the parties is $853. Father’s support obligation for the child living with Mother is $281. Subtracting $281 from $820 produces a net basic support amount of $539 payable to Father as child support. Example 2. If the parties have two children, one child resides with Mother and the parties share custody (50% - 50%) of the other child, and the parties’ monthly net incomes are as set forth in Example 1. The child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for the one child primarily residing with Mother at the parties’ combined monthly net income of $3,750, the amount of basic child support to be apportioned between the parties is $853. Father’s income is 33% of the parties’ combined monthly net income, and the support obligation for the child living with Mother is $281. For Mother’s obligation for the child with the 50% - 50% shared custody arrangement, using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties’ combined monthly net income of $3,750, the amount of basic child support to be apportioned between the parties is $853. Mother’s proportionate share of the combined monthly net incomes is 67%, but it is reduced to 47% after applying the shared parenting time adjustment for 50% custody under subdivision (c). Mother’s child support obligation for the shared custody child is $401 ($853 x 47%). As Mother’s obligation is greater than Father’s obligation, Father is the obligee and receives the net of the two obligations by subtracting $281 from $401, or $120. (2) Varied Partial or Shared Custodial Schedules. When the parties have more than one child and each child spends either (a) different amounts of partial or shared custodial time with the party with the higher income or (b) different amounts of partial custodial time with the party with the lower income, the trier of fact shall add the percentage of time each child spends with that party and divide by the number of children to determine the party’s percentage of custodial time. If the average percentage of custodial time the children spend with the party is 40% or more, the provisions of subdivision (c) apply. Example 1. The parties have two children and one child spends 50% of the time with Mother, who has the higher income, and the other child spends 20% of the time with Mother. Add those percentages together and divide by the number of children (50% plus 20% = 70% divided by 2 children = 35% average time with Mother). Pursuant to subdivision (c), Mother does not receive a reduction in the support order for substantial parenting time. Example 2. The parties have three children. Two children spend 50% of the time with Mother, who has the higher income, and the third child spends 30% of the time with Mother. Add the percentages of custodial time for all three children together and divide by the number of children (50% plus 50% plus 30% = 130% divided by three children = 43.33% average percentage of time with Mother). Pursuant to subdivision (c), Mother receives a reduction in the support order for substantial parenting time. Example 3. The parties have three children, Mother has primary custody (60% - 40%) of one child, Father has primary custody (60% - 40%) of one child, and the parties share custody (50% - 50%) of the third child. The parties’ monthly net incomes are $2,500 (Mother) and $1,250 (Father). As a result of the custodial arrangement, Father owes support for the child in the primary custody of Mother and Mother owes support for the child in the primary custody of Father and for the child shared equally between the parties. Father’s child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties’ combined monthly net income of $3,750. The amount of basic child support to be apportioned between the parties is $853. Father’s proportionate share of the combined monthly net incomes is 33%, but is reduced to 23% after applying the shared parenting time adjustment for 40% custody under subdivision (c). Father’s child support obligation for this child is $196 ($853 x 23%). Mother’s child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for two children at the parties’ combined monthly net income of $3,750. The amount of basic child support to be apportioned between the parties is $1,224. Mother has varying partial or shared custody of the two children (40% and 50%). Under subdivision (d)(2), the custodial time is averaged or in this case 45%. Mother’s proportionate share of the combined monthly net incomes is 67%, but it is reduced to 52% after applying the shared parenting time adjustment for 45% custody under subdivision (c). Mother’s child support obligation for these children is $636 ($1,224 x 52%). Offsetting the support amounts consistent with subdivision (d)(1), Mother’s obligation is greater than Father’s obligation, and Father is the obligee receiving the net of the two obligations by subtracting $196 from $636, or $440. Official Note In cases with more than one child and varied partial or shared custodial schedules, it is not appropriate to perform a separate calculation for each child and offset support amounts as that method does not consider the incremental increases in support for more than one child built into the schedule of basic child support. (3) When calculating a combined child support and spousal or alimony pendente lite obligation and one or more children reside with each party, the court shall offset the obligor’s spousal and child support obligation with the obligee’s child support obligation and award the net difference to the obligee as spousal and child support. If one or more of the children resides with each party then, in calculating the spousal support or alimony pendente lite obligation, the court shall deduct from the obligor’s income both the support owed for the child or children residing with the obligee, as well as the direct support the obligor provides to the child or children living with the obligor, calculated in accordance with the guidelines as if the child or children were not living with the obligor. (e) Support Obligations When Custodial Parent Owes Spousal Support. Where children are residing with the spouse obligated to pay spousal support or alimony pendente lite (custodial parent) and the other spouse (non-custodial parent) has a legal obligation to support the children, the guideline amount of spousal support or alimony pendente lite shall be determined by offsetting the non-custodial parent’s obligation for support of the children and the custodial parent’s obligation of spousal support or alimony pendente lite, and awarding the net difference either to the non-custodial parent as spousal support/alimony pendente lite or to the custodial parent as child support as the circumstances warrant. The calculation is a five-step process. First, determine the spousal support obligation of the custodial parent to the non-custodial parent based upon their net incomes from the formula for spousal support without dependent children. Second, recalculate the net income of the parties assuming the payment of the spousal support. Third, determine the child support obligation of the non-custodial parent for the children who are the subjects of the support action. Fourth, determine the recomputed support obligation of the custodial parent to the non-custodial parent by subtracting the non-custodial parent’s child support obligation from Step 3 from the original support obligation determined in Step 1. Fifth, because the first step creates additional tax liability for the recipient non-custodial parent and additional tax deductions for the payor custodial parent and the third step involves an offset of the child support owed by the non-custodial parent against the spousal support or alimony pendente lite owed by the custodial parent, only that reduced amount will be taxable. Therefore, upon application of either party, the trier of fact may consider as a deviation factor the ultimate tax effect of the calculation. (f) Allocation. Consequences. (1) An order awarding both spousal and child support may be unallocated or state the amount of support allocable to the spouse and the amount allocable to each child. Each order shall clearly state whether it is allocated or unallocated even if the amounts calculated for child and spousal support are delineated on the order. However, Part IV of the formula provided by these rules assumes that an order will be unallocated. Therefore, if the order is to be allocated, the formula set forth in this rule shall be utilized to determine the amount of support allocable to the spouse. If allocation of an order utilizing the formula would be inequitable, the court shall make an appropriate adjustment. Also, if an order is to be allocated, an adjustment shall be made to the award giving consideration to the federal income tax consequences of an allocated order as may be appropriate under the circumstances. No consideration of federal income tax consequences shall be applied if the order is unallocated or the order for the spousal support or alimony pendente lite only. Official Note The 2005 amendment supersedes Diament v. Diament, 816 A.2d 256 (Pa. Super. Ct. 2003), to the extent that it held that the tax savings from payments for the benefit of a spouse alone or from an unallocated order for the benefit of a spouse and child must be considered in determining the obligor’s available net income for support purposes. Rule 1910.16-4(f)(1) states that the guidelines formula assumes that the order will be unallocated. The tax consequences of an order for a spouse alone or an unallocated order for the benefit of a spouse and child have already been built into the formula. (2) When the parties are in higher income brackets, the income tax considerations are likely to be a more significant factor in determining an award of support. A support award for a spouse and children is taxable to the obligee while an award for the children only is not. Consequently, in certain situations an award only for the children will be more favorable to the obligee than an award to the spouse and children. In this situation, the trier of fact should utilize the guidelines which result in the greatest benefit to the obligee. When the obligee’s net income is equal to or greater than the obligor’s net income, the guideline amount for spouse and children is identical to the guideline amount for children only. Therefore, in cases involving support for spouse and children, whenever the obligee’s net income is equal to or greater than the obligor’s net income, the guideline amount indicated shall be attributed to child support only. (3) Unallocated charging orders for child and spousal support, or child support and alimony pendente lite, shall terminate upon the death of the payee spouse or payee exspouse. (4) In the event that the obligor defaults on an unallocated order, the court shall allocate the order for collection of child support pursuant to the Internal Revenue Service income tax refund intercept program or for registration and enforcement of the order in another jurisdiction under the Uniform Interstate Family Support Act, 23 Pa.C.S.A. § 7101 et seq. The court shall provide notice of allocation to the parties. Official Note This provision is necessary to comply with various state and federal laws relating to the enforcement of child support. It is not intended to affect the tax consequences of an unallocated order. Explanatory Comment—2005 Rule 1910.16-4(a) sets forth the income shares formula used to establish the support obligation. Subdivision (b) provides the method for calculating support for seven or more children as the basic support schedule in Rule 1910.16-3 sets forth the presumptive amount of support for only up to six children. Subdivision (c) sets forth the method for calculating the presumptive amount of support in cases where the children spend 40% or more of their time during the year with the obligor. When there is equal time sharing, subsection (2) reduces the support obligation further so that the obligor does not pay more than is necessary to equalize the parties’ combined income between the two households. Subsection (3) expressly excludes SSR cases from application of this rule. Since the SSR already reduces support to a minimal level, no further reduction should be given for the amount of time spent with the children. Subdivision (d) relates to the calculation of support in divided or split custody cases. It retains the existing method for offsetting the parties’ respective support obligations when one or more of the children resides with each party. Subdivision (e) governs spousal support obligations when the custodial parent owes spousal support. It has not been amended, other than to update the example to be consistent with the new schedule at Rule 1910.16-3. In subdivision (f), the guidelines continue to presume that the order will be unallocated for tax purposes. However, new language has been added to subsection (f)(1), and a new Note has been inserted, to clarify that an obligor’s tax savings from payment of a spousal support order or an unallocated order for a spouse and child should not be considered in calculating the obligor’s available net income for support purposes. Subsection (3) is intended to insure alimony tax treatment of unallocated orders pursuant to § 71 of the Internal Revenue Code. Rule 1910.19(d) provides that all spousal support and alimony pendente lite orders terminate upon the death of the payee. Termination of a charging order does not affect arrears existing at that time. Subsection (4) provides for administrative allocation of the order in two instances: 1) when the obligor defaults on the order and it becomes necessary to collect support by intercepting any income tax refunds that may be due and payable to obligor; and 2) when the obligor defaults and the order must be registered in another state under the Uniform Interstate Family Support Act (UIFSA). As the Note indicates, this administrative allocation is not intended to affect the tax consequences of the unallocated order. Explanatory Comment—2010 The basic support schedule incorporates an assumption that the children spend 30% of the time with the obligor and that the obligor makes direct expenditures on their behalf during that time. Variable expenditures, such as food and entertainment, that fluctuate based upon parenting time, were adjusted in the schedule to build in the assumption of 30% parenting time. Upward deviation should be considered in cases in which the obligor has little or no contact with the children. However, upward deviation may not be appropriate where an obligor has infrequent overnight contact with the child, but provides meals and entertainment during daytime contact. Fluctuating expenditures should be considered rather than the extent of overnight time. Downward deviation may be appropriate when the obligor incurs substantial fluctuating expenditures during parenting time, but has infrequent overnights with the children. The calculation in Rule 1910.16-4(c) reduces an obligor’s support obligation further if the obligor spends significantly more time with the children. The obligor will receive an additional 10% reduction in the amount of support owed at 40% parenting time, increasing incrementally to a 20% reduction at 50% parenting time. This method still may result in a support obligation even if custody of the children is equally shared. In those cases, the rule provides for a maximum obligation which may reduce the obligation so that the obligee does not receive a larger portion of the parties’ combined income than the obligor. Source The provisions of this Rule 1910.16-4 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; corrected February 5, 1999, effective April 1, 1999, 29 Pa.B. 645; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended June 5, 2001, effective immediately, 31 Pa.B. 3306; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended September 24, 2002, effective immediately, 32 Pa.B. 5044; amended November 9, 2004, effective immediately, 34 Pa.B. 6315; amended May 17, 2005, effective immediately, 35 Pa.B. 3216 and 3900; amended September 27, 2005, effective 4 months from the date of this order, 35 Pa.B. 5643; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended July 8, 2010, effective September 6, 2010, 40 Pa.B. 4140; amended August 3, 2011, effective in 30 days, 41 Pa.B. 4531; amended August 26, 2011, effective September 30, 2011, 41 Pa.B. 4849, 4851; amended August 3, 2011, effective in 30 days, 41 Pa.B. 6766; amended January 31, 2012, effective February 28, 2012, 42 Pa.B. 930; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended September 25, 2014, effective in 30 days on October 25, 2014, 44 Pa.B. 6553; amended April 29, 2015, effective July 1, 2015, 45 Pa.B. 2352; amended October 14, 2016, effective January 1, 2017, 46 Pa.B. 6817; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123. Immediately preceding text appears at serial pages (366530), (377011) to (377014) and (384509) to (384514).

Rule 1910.16-5. Support Guidelines. Deviation. (a) Deviation. If the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specify, in writing or on the record, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation. Official Note The deviation applies to the amount of the support obligation and not to the amount of income. (b) Factors. In deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider: (1) unusual needs and unusual fixed obligations; (2) other support obligations of the parties; (3) other income in the household; (4) ages of the children; (5) the relative assets and liabilities of the parties; (6) medical expenses not covered by insurance; (7) standard of living of the parties and their children; (8) in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and (9) other relevant and appropriate factors, including the best interests of the child or children. Explanatory Comment—2005 Rule 1910.16-5 sets forth the factors for deviation from the presumptive amount of support. Subdivision (c) and subsection (b)(8) permit the court to consider the length of the marriage in determining the amount and duration of a spousal support or alimony pendente lite award. The primary purpose of these provisions is to prevent the unfairness that arises in a short-term marriage when the obligor is required to pay support over a substantially longer period of time than the parties were married and there is little or no opportunity for credit for these payments at the time of equitable distribution. Explanatory Comment—2010 The provisions of subdivision (c), which provided that the court must consider the duration of the parties’ marriage in determining the duration of an award of spousal support or alimony pendente lite, were moved to new Rule 1910.16-1(c)(2). The duration of the marriage, from the date of marriage to the date of final separation, remains a factor to consider in determining whether or not deviation from the amount of the award is warranted. Source The provisions of this Rule 1910.16-5 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended November 4, 1993, effective January 1, 1994, 23 Pa.B. 5527; amended July 15, 1994, effective September 1, 1994, 24 Pa.B. 3802; amended August 3, 1995, effective January 1, 1996, 25 Pa.B. 3338; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended September 24, 2003, effective immediately, 33 Pa.B. 5075; amended September 27, 2005, effective 4 months from the date of this order, 35 Pa.B. 5643; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586. Immediately preceding text appears at serial page (314456).

Rule 1910.16-6. Support Guidelines. Adjustments to the Basic Support Obligation. Allocation of Additional Expenses. The trier of fact may allocate between the parties the additional expenses identified in subdivisions (a)—(e). If under the facts of the case an order for basic support is not appropriate, the trier of fact may allocate between the parties the additional expenses. (a) Child care expenses. Reasonable child care expenses paid by the parties, if necessary to maintain employment or appropriate education in pursuit of income, shall be allocated between the parties in proportion to their monthly net incomes. The court may order that the obligor’s share is added to his or her basic support obligation, paid directly to the service provider, or paid directly to the obligee. When a party is receiving a child care subsidy through the Department of Human Services, the expenses to be allocated between the parties shall be the amount actually paid by the party receiving the subsidy. Example. Mother has primary custody of the parties’ two children and Father has partial custody. Mother’s monthly net income is $2,000 and Father’s is $3,500. At their combined income level of $5,500, the basic monthly child support from the schedule in Pa.R.C.P. No. 1910.16-3 is $1,463 for two children. As Father’s income is 64% of the parties’ combined income, his share is $936. Mother incurs child care expenses of $400 per month and Father incurs $100 of such expenses each month. The total amount of child care expenses, $500, will be apportioned between the parties, with Father paying 64%, or $320. As he is already paying $100 for child care while the children are in his partial custody, he would pay the remaining $220 to Mother for a total child support obligation of $1,156 ($936 + $220 = $1,156). (1) Documentation of the child care expenses shall be provided to the other party within a reasonable period of time after receipt unless the service provider invoices the parties separately for their proportionate share of the expense. Allocation of expenses for which documentation is not timely provided to the other party shall be within the discretion of the court. (2) Except as provided in subdivision (3), the total child care expenses shall be reduced to reflect the amount of the federal child care tax credit available to the eligible party, whether or not the credit is actually claimed by that party, up to the maximum annual cost allowable under the Internal Revenue Code. (3) The federal child care tax credit shall not be used to reduce the child care expenses subject to allocation between the parties if the eligible party is not qualified to receive the credit. (b) Health Insurance Premiums. (1) A party’s payment of a premium to provide health insurance coverage on behalf of the other party and/or the children shall be allocated between the parties in proportion to their net incomes, including the portion of the premium attributable to the party who is paying it, as long as a statutory duty of support is owed to the party who is paying the premium. If there is no statutory duty of support owed to the party who is paying the premium, the portion attributable to that person must be deducted from the premium as set forth in subdivision (2) below. If, prior to the entry of a divorce decree, a party’s policy covers that party, a child and a spouse and the spouse has separate additional coverage not needed to cover the child and/or the other party, the cost of the spouse’s insurance premium shall not be allocated between the parties. If, prior to the entry of a divorce decree, a party provides coverage for that party and a child, but not the spouse, and the spouse has separate coverage, both parties’ premiums shall be allocated between the parties in proportion to their respective incomes. If, prior to the entry of a divorce decree, each spouse has his or her own health insurance that does not cover the other party, and there are no children subject to the order, the cost of both parties’ premiums shall be allocated between the parties in proportion to their respective incomes. If health insurance coverage for a child who is the subject of the support proceeding is being provided and paid for by a third party resident of either party’s house-hold, the cost shall be allocated between the parties in proportion to their net incomes. If the obligor is paying the premium, then the obligee’s share is deducted from the obligor’s basic support obligation. If the obligee is paying the premium, then the obligor’s share is added to his or her basic support obligation. Employer-paid premiums are not subject to allocation. (2) When the health insurance covers a party to whom no statutory duty of support is owed, even if that person is paying the premium as set forth in subdivision (1) above, or other persons who are not parties to the support action or children who are not the subjects of the support action, the portion of the premium attributable to them must be excluded from allocation. In the event that evidence as to this portion is not submitted by either party, it shall be calcu-lated as follows. First, determine the cost per person by dividing the total cost of the premium by the number of persons covered under the policy. Second, multiply the cost per person by the number of persons who are not owed a statutory duty of support, or are not parties to, or the subject of the support action. The resulting amount is excluded from allocation. (2.1) The actual incremental amount of the premium which provides coverage for the subjects of the support order, if submitted by either party, shall be used in determining the amount of the premium to be allocated between the parties. If not submitted by either party, then the amount of the premium shall be divided by the number of persons covered to calculate the portion of the premium that provides coverage to each person. Example 1. If the parties are separated, but not divorced, and Husband pays $200 per month toward the cost of a health insurance policy provided through his employer which covers himself, Wife, the parties’ child, and two additional children from a previous marriage, the portion of the premium attributable to the additional two children, if not otherwise verifiable or known with reasonable ease and certainty, is calculated by dividing $200 by five persons and then multiplying the resulting amount of $40 per person by the two additional children, for a total of $80 to be excluded from allocation. Deduct this amount from the total cost of the premium to arrive at the portion of the premium to be allocated between the parties—$120. Since Husband is paying the premium, and spouses have a statutory duty to support one another pursuant to 23 Pa.C.S. § 4321, Wife’s percentage share of the $120 is deducted from Husband’s support obligation. If Wife had been providing the coverage, then Husband’s percentage share would be added to his basic support obligation. Example 2. If the parties are divorced and Father pays $200 per month toward the cost of a health insurance policy provided through his employer which covers himself, the parties’ child and two additional children from a previous marriage, the portion of the premium attributable to Father and the two additional children will not be allocated between the parties. Thus, using the same calculations in Example 1, the amount of the premium attributable to Father and the two other children is $150 ($200 premium divided among four covered persons equals $50 per person multiplied by three) and that amount is deducted from the total cost of the premium, leaving $50 ($200 - $150 = $50) to be allocated between the parties. Example 3. The parties are divorced and Mother is the obligee of a child support order. Father, the obligor, pays $200 per month toward the cost of a health insurance policy provided by his employer that covers himself and the parties’ child. Mother pays $400 per month for her employer-sponsored health insurance that covers only herself. The amount of the premium Father pays to cover the parties’ child, $100 ($200 premium divided between two covered persons, Father and the child), will be allocated between the parties in proportion to their respective incomes. The portion of the premium that covers Father will not be allocated because the parties are no longer married and he is not owed a duty of support by Mother. The premium Mother pays to provide her own coverage will not be allocated because the parties are no longer married and she is not owed a duty of support by Father. (3) Pursuant to 23 Pa.C.S. § 4326(a), in every support proceeding, the court must ascertain each parent’s ability to provide medical support for the parties’ children and the support ‘‘order shall include a requirement for medical support to be provided by either or both parents, provided that such medical support is accessible to the children.’’ (i) The obligor bears the initial responsibility of providing health care coverage for the children if it is available at a reasonable cost. ‘‘Reasonable cost’’ to an obligor shall be defined as an amount that does not exceed 5% of the obligor’s net monthly income and, when added to the amount of basic child support plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor’s net monthly income. If the obligee is providing the coverage, the reasonable amount of the obligor’s share shall be defined as an amount that does not exceed 5% of the obligor’s net monthly income and, when added to the amount of basic child support plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor’s net monthly income. (ii) Unless health care coverage for the parties’ children is provided by the obligee or a third party, the court shall issue the National Medical Support Notice required by 23 Pa.C.S. § 4326(d.1) to the obligor’s employer in response to notification that the obligor is employed. The notice shall direct the employer to enroll the children of the obligor who are the subject of the support proceeding if the coverage is available at a reasonable cost to the obligor. However, the notice shall direct that enrollment shall not occur earlier than 25 days from the date of the National Medical Support Notice to allow the obligor time to object. Concurrent with the issuance of the National Medical Support Notice, the court shall provide notice to the obligor setting forth the process to object to the enrollment based upon unreasonable cost, mistake of fact or availability of alternative health care coverage for the children. If there is more than one employer-provided health care coverage option, the obligor shall select the plan, subject to the obligee’s right to seek a court order designating a different option. (iii) Absent the availability of health care coverage to the obligor for the parties’ children at a reasonable cost, the court shall order the obligee to provide health care coverage for the children if it is available at a reasonable cost. ‘‘Reasonable cost’’ to the obligee shall be defined as an amount not to exceed 5% of the obligee’s net monthly income. (iv) If health care coverage is not available to either party at a reasonable cost, the court may order the custodial parent to apply for government-sponsored coverage, such as the Children’s Health Insurance Program (‘‘CHIP’’), with any co-premium or other cost apportioned between the parties in proportion to their respective net monthly incomes. (v) Within thirty days after the entry of the support order, the party ordered to provide health care coverage shall provide written proof to the other party that medical insurance has been obtained, including insurance cards and all other materials set forth in the form order in Rule 1910.27(e). There shall be a continuing obligation to provide the other party and the court with proof of any changes in coverage. (vi) The court shall give preference to health care coverage that is readily accessible to the child, as defined by geographic coverage area, access to local treatment providers or other relevant factors. Official Note The maximum amount of any attachment for child and medical support is set forth by the federal Consumer Credit Protection Act (Public Law 90-321, Section 303(b); 15 U.S.C. § 1601 et seq.). (4) In cases in which the obligor is paying the cost of health insurance coverage and the obligee has no income or minimal income such that the obligor will bear 90% or more of the proportional share of the cost of the health insurance premiums, the trier of fact may, as fairness requires, deduct part or all of the cost of the premiums actually paid by the obligor to provide coverage for the other party or the children from the obligor’s gross income to determine net income for support purposes. If such a deduction is taken from the obligor’s gross income, then the allocation of premium costs as set forth in (b)(1) above shall not be applied. Official Note Subdivision (b) of this rule does not apply to Medical Assistance. See 23 Pa.C.S. § 4326(l). The 2005 amendments to Rule 1910.16-6(b)(1) and (2) clarify that the portion of the insurance premium covering the party carrying the insurance cannot be allocated between the parties if there is no statutory duty of support owed to that party by the other party. See Maher v. Maher, 575 Pa. 181, 835 A.2d 1281 (2003) and 23 Pa.C.S. § 4321. (c) Unreimbursed Medical Expenses. Unreimbursed medical expenses of the obligee or the children shall be allocated between the parties in proportion to their respective net incomes. Notwithstanding the prior sentence, there shall be no apportionment of unreimbursed medical expenses incurred by a party who is not owed a statutory duty of support by the other party. The court may direct that the obligor’s share be added to his or her basic support obligation, or paid directly to the obligee or to the health care provider. (1) For purposes of this subdivision, medical expenses are annual unreimbursed medical expenses in excess of $250 per person. Medical expenses include insurance copayments and deductibles and all expenses incurred for reasonably necessary medical services and supplies, including but not limited to surgical, dental and optical services, and orthodontia. Medical expenses do not include cosmetic, chiropractic, psychiatric, psychological or other services unless specifically directed in the order of court. Official Note While cosmetic, chiropractic, psychiatric, psychological or other expenses are not required to be apportioned between the parties, the court may apportion such expenses that it determines to be reasonable and appropriate under the circumstances. (2) An annual limitation may be imposed when the burden on the obligor would otherwise be excessive. (3) Annual expenses pursuant to this subdivision (c), shall be calculated on a calendar year basis. In the year in which the initial support order is entered, or in any period in which support is being paid that is less than a full year, the $250 threshold shall be pro-rated. Documentation of unreimbursed medical expenses that either party seeks to have allocated between the parties shall be provided to the other party not later than March 31 of the year following the calendar year in which the final bill was received by the party seeking allocation. For purposes of subsequent enforcement, unreimbursed medical bills need not be submitted to the domestic relations section prior to March 31. Allocation of unreimbursed medical expenses for which documentation is not timely provided to the other party shall be within the discretion of the court. (4) If the trier of fact determines that out-of-network medical expenses were not obtained due to medical emergency or other compelling factors, the court may decline to assess any of such expenses against the other party. (5) In cases involving only spousal support or alimony pendente lite, the parties’ respective net incomes for purposes of allocating unreimbursed medical expenses shall be calculated after the amount of spousal support or alimony pendente lite is deducted from the obligor’s income and added to the obligee’s income. Official Note If the trier of fact determines that the obligee acted reasonably in obtaining services which were not specifically set forth in the order of support, payment for such services may be ordered retroactively. (d) Private School Tuition. Summer Camp. Other Needs. Expenditures for needs outside the scope of typical child-rearing expenses, e.g., private school tuition, summer camps, have not been factored into the Basic Child Support Schedule. (1) If a party incurs an expense for a need not factored into the Basic Child Support Schedule and the court determines the need and expense are reasonable, the court shall allocate the expense between the parties in proportion to the parties’ monthly net incomes. The court may order that the obligor’s share is added to his or her basic support obligation, paid directly to the service provider, or paid directly to the obligee. (2) Documentation of the expenses allocated under (d)(1) shall be provided to the other party not later than March 31 of the year following the calendar year in which the invoice was received unless the service provider invoices the parties separately for their proportionate share of the expense. For purposes of subsequent enforcement, these expenses need not be submitted to the domestic relations section prior to March 31. Allocation of expenses for which documentation is not timely provided to the other party shall be within the discretion of the court. (e) Mortgage Payment. The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners’ insurance. Similarly, the court will assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise. If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the obligee’s net income (including amounts of spousal support, alimony pendente lite and child support), the court may direct the obligor to assume up to 50% of the excess amount as part of the total support award. If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor’s monthly net income (less any amount of spousal support, alimony pendente lite or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor’s support obligation. This rule shall not be applied after a final resolution of all outstanding economic claims. For purposes of this subdivision, the term ‘‘mortgage’’ shall include first mortgages, real estate taxes and homeowners’ insurance and may include any subsequent mortgages, home equity loans and any other obligations incurred during the marriage which are secured by the marital residence. Explanatory Comment—2005 Rule 1910.16-6 governs the treatment of additional expenses that warrant an adjustment to the basic support obligation. Subdivision (a) relates to child care expenses. Subdivision (a) has been amended to require that child care expenses incurred by either party are to be allocated between the parties in proportion to their respective net incomes. Subsection (a)(1), relating to the federal child care tax credit, was amended in 2004 to reflect recent amendments to the Internal Revenue Code. 26 U.S.C.A. § 21. By referring to the tax code in general, rather than incorporating current code provisions in the rule, any further amendments will be incorporated into the support calculation. Since the tax credit may be taken only against taxes owed, it cannot be used when the eligible parent does not incur sufficient tax liability to fully realize the credit. For this reason, subsection (2) provides that no adjustment to the total child care expenses may be made if the eligible parent does not qualify to receive the credit. Subdivision (b) addresses health insurance premiums. The cost of the premiums is generally treated as an additional expense to be allocated between the parties in proportion to their net incomes. Subsection (1) of the rule permits allocation of the entire premium, including the portion of the premium covering the party carrying the insurance, when the insurance benefits the other party and/or the children. Subsection (2) clarifies that, in calculating the amount of the health care premium to be allocated between the parties, subdivision (b)(1) requires the inclusion of that portion of the health insurance premium covering the party who is paying the premium, so long as there is a statutory duty of support owed to that party, but not the portion of the premium attributable to non-parties and children who are not the subjects of the support order. Subsection (2) provides for proration of the premium when the health insurance covers other persons who are not subject to the support action or owed a statutory duty of support. Subdivision (b) also permits an alternative method for dealing with the cost of health insurance premiums in certain circumstances. While, in general, the cost of the premiums will be treated as an additional expense to be allocated between the parties in proportion to their net incomes, in cases in which the obligee has no income or minimal income, subsection (4) authorizes the trier of fact to reduce the obligor’s gross income for support purposes by some or all of the amount of the health insurance premiums. This is to avoid the result under a prior rule in which the entire cost of health insurance would have been borne by the obligor, with no resulting reduction in the amount of support he or she would otherwise be required to pay under the support guidelines. The goal of this provision is to encourage and facilitate the maintenance of health insurance coverage for dependents by giving the obligor a financial incentive to maintain health insurance coverage. Subdivision (c) deals with unreimbursed medical expenses. Since the first $250 of medical expenses per year per child is built into the basic guideline amount in the child support schedule, only medical expenses in excess of $250 per year per child are subject to allocation under this rule as an additional expense to be added to the basic support obligation. The same is true with respect to spousal support so that the obligee-spouse is expected to assume the first $250 per year of these expenses and may seek contribution under this rule only for unreimbursed expenses which exceed $250 per year. The definition of ‘‘medical expenses’’ includes insurance co-payments, deductibles and orthodontia and excludes chiropractic services. Subdivision (d) governs apportionment of private school tuition, summer camp and other unusual needs not reflected in the basic guideline amounts of support. The rule presumes allocation in proportion to the parties’ net incomes consistent with the treatment of the other additional expenses. Subdivision (e) provides for the apportionment of mortgage expenses. It defines ‘‘mortgage’’ to include the real estate taxes and homeowners’ insurance. While real estate taxes and homeowners’ insurance must be included if the trier of fact applies the provisions of this subdivision, the inclusion of second mortgages, home equity loans and other obligations secured by the marital residence is within the discretion of the trier of fact based upon the circumstances of the case. Explanatory Comment—2006 A new introductory sentence in Rule 1910.16-6 clarifies that additional expenses contemplated in the rule may be allocated between the parties even if the parties’ respective incomes do not warrant an award of basic support. Thus, even if application of the formula at Rule 1910.16-4 results in a basic support obligation of zero, the court may enter a support order allocating between the parties any or all of the additional expenses addressed in this rule. The amendment to subdivision (e) recognizes that the obligor may be occupying the marital residence and that, in particular circumstances, justice and fairness may warrant an adjustment in his or her support obligation. Explanatory Comment—2008 Federal and state statutes require clarification to subdivision (b) to ensure that all court orders for support address the children’s ongoing need for medical care. In those instances where the children’s health care needs are paid by the state’s medical assistance program, and eligibility for the Children’s Health Insurance Program (‘‘CHIP’’) is denied due to the minimal income of the custodial parent, the obligor remains required to enroll the parties’ children in health insurance that is, or may become, available that is reasonable in cost. Government-sponsored health care plans represent a viable alternative to the often prohibitive cost of health insurance obtainable by a parent. Except for very low income children, every child is eligible for CHIP, for which the parent with primary physical custody must apply and which is based on that parent’s income. A custodial parent may apply for CHIP by telephone or on the Internet. While co-premiums or co-pays increase as the custodial parent’s income increases, such costs are generally modest and should be apportioned between the parties. Moreover, health care coverage obtained by the custodial parent generally yields more practical results, as the custodial parent resides in the geographic coverage area, enrollment cards are issued directly to the custodial parent, and claims may be submitted directly by the custodial parent. Explanatory Comment—2010 Subdivision (e), relating to mortgages on the marital residence, has been amended to clarify that the rule cannot be applied after a final order of equitable distribution has been entered. To the extent that Isralsky v. Isralsky, 824 A.2d 1178 (Pa. Super. 2003), holds otherwise, it is superseded. At the time of resolution of the parties’ economic claims, the former marital residence will either have been awarded to one of the parties or otherwise addressed. Source The provisions of this Rule 1910.16-6 adopted December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended June 5, 2001, effective immediately, 31 Pa.B. 3306; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended July 30, 2003, effective immediately, 33 Pa.B. 4073; amended September 24, 2003, effective immediately, 33 Pa.B. 5075; amended November 9, 2004, effective immediately, 34 Pa.B. 6315; amended May 17, 2005, effective immediately, 35 Pa.B. 3216 and 3900; amended September 27, 2005, effective 4 months from the date of this order, 35 Pa.B. 5643; amended October 17, 2006, effective immediately, 36 Pa.B. 6632; amended August 13, 2008, effective October 12, 2008, 38 Pa.B. 4736; amended December 8, 2009, effective immediately, 39 Pa.B. 7097; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended July 8, 2010, effective September 6, 2010, 40 Pa.B. 4140; amended August 26, 2011, effective September 30, 2011, 41 Pa.B. 4851; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended May 14, 2014, effective in 30 days on June 13, 2014, 44 Pa.B. 3233; amended March 12, 2015, effective in 30 days on April 11, 2015, 45 Pa.B. 1842; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123; amended June 23, 2017, effective on October 1, 2017, 47 Pa.B. 3744. Immediately preceding text appears at serial pages (386501) to (386508).

Rule 1910.16-7. Support Guidelines. Awards of Child Support When There are Multiple Families. (a) When the total of the obligor’s basic child support obligations equals 50% or less of his or her monthly net income, there will be no deviation from the guideline amount of support on the ground of the existence of a new family. Example: If the obligor requests a reduction of support for one child of the first marriage on the basis that there is a new child of the second intact marriage, and the relevant monthly net incomes are $2,500 for the obligor, $500 for the former spouse and $1,300 for the current spouse, then the request for a reduction will be denied because the total support obligation of $1,153 ($584 for the first child and $569 for the second child) is less than half of the obligor’s monthly net income. (b) When the total of the obligor’s basic support obligations exceeds 50% of his or her monthly net income, the court may consider a proportional reduction of these obligations. Since, however, the goal of the guidelines is to treat each child equitably, a first or later family shall not receive preference, and the court shall not divide the guideline amount for all of the obligor’s children among the households in which those children live. Example 1. The obligor is sued for support of an out of wedlock child. The obligor is already paying support for two children of the first marriage, and has an intact second marriage with one child. The relevant monthly net incomes are $3,800 for the obligor, $1,100 for the former spouse, $0 for the current spouse and $1,500 for the parent of the new child. The obligor’s basic support obligations to each family are $1,097 for the two children of the first marriage, $862 for the one child of the second marriage, and $727 for the one child out of wedlock for a total support obligation of $2,686. Since the total of these obligations exceeds 50% of the obligor’s monthly net income of $3,800 per month, the court may consider a proportional reduction of all of the orders. Example 2. The obligor is sued for support of three children of a second marriage. There is already an order in effect for two children of the first marriage. The relevant monthly net incomes are $1,600 for the obligor, $0 for the first spouse and $500 for the second spouse. The obligor’s basic support obligations to each family are $555 for the two children of the first marriage and $641 for the three children of the second marriage for a total support obligation of $1,196. Since this total obligation leaves the obligor with only $404 on which to live, the orders are too high as the obligor must be left with a Self-Support Reserve of $981. However, reducing the order for three children while leaving the existing order intact would give preference to the first family, contrary to the rule. Therefore, both orders must be reduced proportionally. Example 3. The obligor is sued by three obligees to establish orders for three children. The monthly net income for the obligor and for each obligee is $1,500. The court would determine that the obligor’s basic support obligation for each child is $352 for a total obligation of $1,056 for three children. It would be incorrect to determine the guideline amount for three children, in this case $1,189, and then divide that amount among the three children. Due to the total support amount exceeding 50% of the obligor’s monthly net income, the support orders should be reduced proportionately consistent with subdivision (b) and ensure the obligor retains the Self-Support Reserve of $981 consistent with Pa.R.C.P. No. 1910.16-2(e). (c) For purposes of this rule, the presumptive amount of the obligor’s basic support obligation is calculated using only the basic guideline amounts of support, as determined from the formula in Pa.R.C.P. No. 1910.16-4, and does not include any additional expenses that may be added to these amounts pursuant to Pa.R.C.P. No. 1910.16-6. In calculating the presumptive amount of the obligor’s basic support obligation, the court should ensure that the obligor retains at least $981 per month consistent with Pa.R.C.P. No. 1910.16-2(e). Example 1. Assume that the obligor is paying $566 per month support for one child of the first marriage, plus an additional $200 per month for child care expenses. The obligor requests a reduction in this support obligation on the basis that there is one new child of the second intact marriage. The relevant incomes are $2,400 for the obligor and $0 for both the former and current spouses. The obligor’s request for a reduction should be denied because the total of the basic guideline obligations for both children is only $1,132 ($566 for each child) and does not exceed 50% of the obligor’s monthly net income. A reduction should not be given on the basis that the obligor’s contribution to child care expenses for the first child results in an overall support obligation of $1,332 which exceeds 50% of the obligor’s monthly net income. Thus, the presumptive amount of basic support for the two children is still $1,132 ($566 for each child). The court must then consider the deviation factors under Pa.R.C.P. No. 1910.16-5 and the parties’ respective contributions to additional expenses under Pa.R.C.P. No. 1910.16-6 in arriving at an appropriate amount of total support for each child. Example 2. Assume that the obligor is paying $360 per month support for one child of the first marriage. The obligor has one new child of the second intact marriage. The relevant incomes are $1,500 for the obligor and $0 for the former and current spouses. A reduction should not be given on the basis of the obligor’s new child because the total of the basic guideline obligations for both children is only $720 ($360 for each child) and this amount does not exceed 50% of the obligor’s monthly net income. Since, however, this amount leaves the obligor with only $780 per month, the court should proportionally reduce the support obligations so that the obligor retains $981 per month. Thus, the presumptive amount of basic support for the two children is $519 ($259.50 for each child). The court must then consider the deviation factors under Pa.R.C.P. No. 1910.16-5 and the parties’ respective contributions to additional expenses under Pa.R.C.P. No. 1910.16-6 in arriving at an appropriate amount of total support for each child. Explanatory Comment—2010 Rule 1910.16-7 has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve to $867 per month, the 2008 federal poverty level for one person. The distribution priorities formerly in subdivision (d) have been moved to Rule 1910.17(d) to clarify that these priorities apply to all support orders, not just those involving multiple families. Explanatory Comment—2013 Rule 1910.16-7 has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve to $931 per month, the 2012 federal poverty level for one person. Source The provisions of this Rule 1910.16-7 adopted December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended September 27, 2005, effective 4 months from the date of this order, 35 Pa.B. 5643; amended August 13, 2008, effective October 12, 2008, 38 Pa.B. 4736; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended September 25, 2014, effective in 30 days on October 25, 2014, 44 Pa.B. 6553; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123. Immediately preceding text appears at serial pages (384522) to (384525).

Rule 1910.17. Support Order. Effective Date. Change of Circumstances. Copies of Order. Priority of Distribution of Payments. (a) An order of support shall be effective from the date of the filing of the complaint or petition for modification unless the order specifies otherwise. In a child support case, if a change in custody occurs after the date of filing, but before a domestic relations conference is held, the trier of fact shall enter a charging order going forward in favor of the primary custodian that shall be effective from the date of the change in custody. The trier of fact also may enter a retroactive arrears order in favor of the party who was the primary custodian at the time of filing. Such an order may address the period from the date of fining to the date of the change in custody. However, a modification of an existing support order may be retroactive to a date preceding the date of filing if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reason and if the petitioner, when no longer precluded, promptly filed a petition. Example: Mother has primary custody of the children and files for child support. Two months later, Father becomes the primary custodian. One month after the change in custody, a support conference is held. Father will be the obligee on a charging order that is retroactive to the date he became the primary custodian. However, an order also may be entered with Mother as the obligee for the two-month period from the date of filing to the date of the change in custody. Official Note The order must direct payment to be made payable to or payment to be made to the State Collection and Disbursement Unit for transmission to the obligee. See 23 Pa.C.S. § 4325. Subdivision (a) was amended in 2005 to include the statutory provision at 23 Pa.C.S. § 4352(e) that authorizes the court to enter a modified order that is effective to a date prior to the date on which the petition for modification was filed in certain circumstances. To the effect that the holding in Kelleher v. Bush, 832 A.2d 483 (Pa. Super. Ct. 2003), is inconsistent, it is superseded. See 23 Pa.C.S. § 4352(e) for additional provisions. Every order of support must contain an immediate or conditional order for the attachment of income. See Rule 1910.21. (b) The order shall notify the obligee and the obligor that each is under a continuing obligation to inform the domestic relations section in writing or by personal appearance and all other parties in writing within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to, loss or change of income or employment and change of personal address or change of address of any child receiving support. The order shall also notify the parties that if a party willfully fails to inform the domestic relations section of the required information, the court may adjudge the party to be in contempt of court pursuant to Rules 1910.25 through 1910.25-6 and may order the party to be punished by one or more of the following: jail, fine or probation. (c) A copy of the support order shall be provided to each party to the action and to the party’s attorney, if any, pursuant to Rule 440. (d) The priorities for distribution of payments and/or collections from the obligor, without regard to the source of the funds or method of collection, are as follows: (1) monthly current child support. (2) medical, child care or other court-ordered child support-related expenses. (3) monthly ordered amount toward child support arrears. (4) monthly current spousal support or alimony pendente lite. (5) remaining child support arrears. (6) monthly ordered amount toward spousal support or alimony pendente lite arrears. (7) remaining spousal support or alimony pendente lite arrears. (8) court costs and fees. Explanatory Comment—2010 Subdivision (d) has been moved from Rule 1910.16-7 and expanded for clarification. It addresses the priority of the distribution of payments and collections in all cases, not just those involving multiple families. However, collections realized through the interception of federal tax returns by the Internal Revenue Service are subject to federal distribution priorities. See 45 CFR 303.72(h). An unallocated order for child and spousal support has the same priority as a child support order. Source The provisions of this Rule 1910.17 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended November 22, 1994, effective January 1, 1995, 24 Pa.B. 6137; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended May 17, 2005, effective immediately, 35 Pa.B. 3216 and 3900; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended September 25, 2014, effective in 30 days on October 25, 2014, 44 Pa.B. 6553. Immediately preceding text appears at serial pages (366549) to (366551).

Rule 1910.18. Support Order. Subsequent Proceedings. (a) Subsequent proceedings to modify or terminate a support order pursuant to Rule 1910.19 shall be brought in the court which entered the order. If the action has been transferred pursuant to Rule 1910.2 following the entry of a support order, subsequent proceedings shall be brought in the court to which the action was transferred. (b) Subsequent proceedings to enforce an order pursuant to Rule 1910.20 may be brought in the court which entered the support order or the court of a county to which the order has been transferred. (c) Subdivision (a) shall not limit the right of the plaintiff to institute additional proceedings for support in any county of proper venue. Source The provisions of this Rule 1910.18 amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16. Immediately preceding text appears at serial page (200342).

Rule 1910.19. Support. Modification. Termination. Guidelines as Substantial Change in Circumstances. Overpayments. (a) A petition for modification or termination of an existing support order shall specifically aver the material and substantial change in circumstances upon which the petition is based. A new guideline amount resulting from new or revised support guidelines may constitute a material and substantial change in circumstances. The existence of additional income, income sources or assets identified through automated methods or otherwise may also constitute a material and substantial change in circumstances. (b) The procedure upon the petition shall be in accordance with Rule 1910.10 et seq. After a party has filed a petition for modification of a child support order, the petition may not be withdrawn unless both parties consent or with leave of court. A petition for modification of spousal support or alimony pendente lite may be withdrawn without the consent of the other party or leave of court. (c) Pursuant to a petition for modification, the trier of fact may modify or terminate the existing support order in any appropriate manner based upon the evidence presented without regard to which party filed the petition for modification. If the trier of fact finds that there has been a material and substantial change in circumstances, the order may be increased or decreased depending upon the respective incomes of the parties, consistent with the support guidelines and existing law, and each party’s custodial time with the child at the time the modification petition is heard. (d) All charging orders for spousal support and alimony pendente lite shall terminate upon the death of the payee spouse. (e) Within six months prior to the date a child who is the subject of a child support order reaches eighteen (18) years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information: (1) confirmation of the child’s date of birth, date of graduation or withdrawal from high school; (2) whether the child has left the obligee’s household and, if so, the date of departure; (3) the existence of any agreement between the parties requiring payments for the benefit of the child after the child has reached age eighteen (18) or graduated from high school; and (4) any special needs of the child which may be a basis for continuing support for that child beyond the child’s eighteenth birthday or graduation from high school, whichever is last to occur. The notice shall advise the obligee that if the inquiry is not returned within thirty (30) days of mailing or if there is no agreement or the child does not have any special needs, the charging order may be modified or terminated by the court. In order to avoid overpayment, when no other children are subjects of the child support order and the obligee either does not return the emancipation inquiry within thirty (30) days of its mailing or does not assert grounds for continuing support for the child, then the domestic relations section shall administratively terminate the child support charging order without further proceedings on the last to occur of the date the last child reaches age eighteen (18) or graduates from high school. Termination of the charging order shall not affect any arrears accrued through the date of termination. The court shall have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid. If the order applies to another child or children and/or the obligee asserts that there is an agreement between the parties or that a child has special needs requiring continued support, then the domestic relations section may schedule a conference prior to the child’s attaining age 18 or graduating from high school to determine if the charging order should be modified. (f) Upon notice to the obligee, with a copy to the obligor, explaining the basis for the proposed modification or termination, the court may modify or terminate a charging order for support and remit any arrears, all without prejudice, when it appears to the court that: (1) the order is no longer able to be enforced under state law; or (2) the obligor is unable to pay, has no known income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future. The notice shall advise the obligee to contact the domestic relations section within 60 days of the date of the mailing of the notice if the obligee wishes to contest the proposed modification or termination. If the obligee objects, the domestic relations section shall schedule a conference to provide the obligee the opportunity to contest the proposed action. If the obligee does not respond to the notice or object to the proposed action, the court shall have the authority to modify or terminate the order and remit any arrears, without prejudice. (g) Overpayments. (1) Order in Effect. If there is an overpayment in an amount in excess of two months of the monthly support obligation and a charging order remains in effect, after notice to the parties as set forth below, the domestic relations section shall reduce the charging order by 20% or an amount sufficient to retire the overpayment by the time the charging order is terminated. The notice shall advise the parties to contact the domestic relations section within 30 days of the date of the mailing of the notice if either or both of them wishes to contest the proposed reduction of the charging order. If either party objects, the domestic relations section shall schedule a conference to provide the objecting party the opportunity to contest the proposed action. If neither party responds to the notice or objects to the proposed action, the domestic relations section shall have the authority to reduce the charging order. (2) Order Terminated. If there is an overpayment in any amount and there is no charging order in effect, within one year of the termination of the charging order, the former obligor may file a petition with the domestic relations section seeking recovery of the overpayment. A copy shall be served upon the former obligee as original process. The domestic relations section shall schedule a conference on the petition, which shall be conducted consistent with the rules governing support actions. The domestic relations section shall have the authority to enter an order against the former obligee for the amount of the overpayment in a monthly amount to be determined by the trier of fact after consideration of the former obligee’s ability to pay. Explanatory Comment—1993 Existence of Guidelines as Substantial Change in Circumstances. In its opinion in Newman v. Newman, 409 Pa. Super. Ct. 108, 597 A.2d 684 (Pa. Super. 1991), the Superior Court held that enactment of the guidelines does not constitute a substantial change in circumstance which could serve as the basis for modification of a support order. The amended rule allows the trier of fact to consider new or revised rules as a change in circumstances where the change in the guidelines, either by itself or in combination with other factors, is material and substantial. Explanatory Comment—2000 The Pennsylvania Child Support Enforcement System (‘‘PACSES’’) is electronically linked to a variety of governmental and private agencies and institutions. This linkage enables PACSES to immediately locate and identify an obligor’s income, income sources and assets. Rule 1910.19 is amended to provide that their identification through these automated methods provides a basis for modifying both the current support obligation and the rate of repayment on either past due or overdue support. Identification through means other than PACSES continues to provide the same basis for modification. While identification of income sources or assets provides a basis for modification, this rule is not intended to prevent a court from ordering that the income or assets be frozen and seized under Rule 1910.26 pending the hearing on the petition for modification. Such relief remains available under Rule 1910.26 governing appropriate interim or special relief. See Rule 1910.1 Explanatory Comment. Nor is this rule intended to affect the court’s ability to seize income or assets under Rule 1910.20 to secure an overdue support obligation. Explanatory Comment—2002 Although support orders do not terminate automatically, many obligors are unaware of the necessity of filing a petition to terminate a child support order when the child becomes emancipated. As a result, old orders have continued to charge long after the subject child has become an adult. New subdivision (e) is intended to address this problem by giving the obligee notice of a proposed modification or termination of the order and the opportunity to object. If no objection is made, or if the obligee fails to respond with a reason to continue the order, the rule gives the court the authority to terminate or modify the charging order, depending upon whether or not other children are covered under the order. Explanatory Comment—2006 New subdivision (f) addresses an increasing multiplicity of circumstances in which the continued existence of a court-ordered obligation of support is inconsistent with rules or law. An obligor with no known assets whose sole source of income is Supplemental Security Income or cash assistance cannot be ordered to pay support under Rule 1910.16-2. Likewise, an obligor with no verifiable income or assets whose institutionalization, incarceration or long-term disability precludes the payment of support renders the support order unenforceable and uncollectible, diminishing the perception of the court as a source of redress and relief. Often, the obligor is unable or unaware of the need to file for a modification or termination, or the parties abandon the action. In those circumstances, the courts are charged with managing dockets with no viable outcomes. Both the rules and the federal guidelines for child support under Title IV-D of the Social Security Act provide for circumstances under which a support order shall not be entered or under which a child support case may be closed. Subdivision (f) expands the authority of the courts to respond to case management issues brought about by changes in circumstances of the parties of which the courts become aware through the expansion of automated interfaces and data exchanges. Source The provisions of this Rule 1910.19 amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 5, 2001, effective immediately, 31 Pa.B. 3306; amended October 11, 2002, effective immediately, 32 Pa.B. 5263; amended May 19, 2006, effective immediately, 36 Pa.B. 2629; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended September 19, 2011, effective October 31, 2011, 41 Pa.B. 5153; amended November 5, 2012, effective December 5, 2012, 42 Pa.B. 7091. Immediately preceding text appears at serial pages (358869) to (358872).

Rule 1910.20. Support Order. Enforcement. General. (a) A support order shall be enforced by income withholding as required by law in the manner provided by Rule 1910.21. (b) Upon the obligor’s failure to comply with a support order, the order may also be enforced by any one or all of the following remedies: (1) pursuant to Rule 1910.21, and without further hearing or prior notice to the obligor, increasing the amount of monthly support payments for payment of the overdue support at a rate to be determined by the court; withholding or seizing periodic or lump sum payments of income from a government agency, including unemployment compensation, social security, retirement or disability benefits and any other benefits; withholding or seizing periodic or lump sum payments of income from insurance carriers or privately-insured employers, including workers’ compensation benefits; withholding or seizing judgments or settlements; and withholding or seizing public and private retirement funds in pay status; (2) pursuant to Rule 1910.22, imposing liens on real property; (3) pursuant to Rule 1910.23, attaching and seizing assets of the obligor held in financial institutions; (4) pursuant to Rule 1910.24, reducing and executing a judgment against the obligor; (5) pursuant to Rules 1910.25 through 1910.25-6, initiating contempt proceedings; (6) reporting the amount of overdue support to consumer reporting agencies in the manner prescribed by 23 Pa.C.S. § 4303; (7) when the obligor owes overdue support in an amount of three months or more, suspending occupational, commercial/driver’s and recreational licenses in the manner prescribed by 23 Pa.C.S. § 4355. These remedies are cumulative and not alternative. (c) For purposes of this Rule, overdue support remains subject to the remedies set forth in subdivision (b) of this Rule until paid in full. Except as provided in 23 Pa.C.S. § 4355 for suspension of licenses, neither a repayment schedule subsequently agreed to by the parties nor an order of court establishing such a schedule precludes the use of these remedies for collecting overdue support more quickly, whenever feasible. Source The provisions of this Rule 1910.20 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended May 31, 2000, effective July 1, 2000, 20 Pa.B. 3155. Immediately preceding text appears at serial page (256281).

Rule 1910.21. Support Order. Enforcement. Withholding of Income. (a) Immediate Income Withholding. Every order of court shall contain an immediate order for the withholding of income unless (1) there is no overdue support owing under the order and (2) either the court finds there is good cause not to require immediate income withholding or the parties agree in writing to an alternative arrangement. (b) Initiated Income Withholding. If there is no immediate income withholding pursuant to subdivision (a), and nonpayment of the support order causes overdue support to accrue, the court shall enter an order for the immediate withholding of income. (c) Order for Withholding. An order for income withholding must include a provision directing that no commutation or compromise and release of worker’s compensation benefits, severance pay or any payment in lieu thereof shall be paid to the defendant until the order for withholding is dissolved by further order of court. (d) Service on Employer. (1) The order for income withholding shall be served upon the obligor’s employer. The employer shall pay to the State Collection and Disbursement Unit the full amount set forth in the order and may deduct from the balance due the obligor an amount authorized by law for clerical work and expense involved in complying with the order. Upon termination of the obligor’s employment, the employer shall notify the domestic relations section of the termination, the obligor’s last known address, and the name and address of the obligor’s new employer, if known. (2) Upon willful failure to obey an order for income withholding, the employer, or an officer or employee of the employer, may be held in contempt and subject to other remedies provided by law. Offical Note 23 Pa.C.S. § 4348(k)(1) provides that contempt is punishable by jail or fine. 23 Pa.C.S. § 4348(k)(2) provides that the employer is liable for any amount which the employer willfully fails to withhold or for any amount withheld but not forwarded to the domestic relations section. 23 Pa.C.S. § 4348(k)(3) provides that the court may attach funds or property of an employer. (e) Notice to Obligor. Objections. A notice of entry of an order for income withholding shall be served on the obligor. The obligor may object to the order in writing or by personal appearance before the county domestic relations section within ten days after issuance of the notice. The grounds for an objection are limited to the following mistakes of fact: (i) no overdue support exists under the order or there is a mistake in the amount of overdue support; (ii) there is a mistake in the identity of the obligor; or (iii) the amount being withheld exceeds the maximum amount which may be withheld under the federal Consumer Credit Protection Act, 15 U.S.C. § 1673. If a mistake of fact has occurred, the order shall be modified accordingly. (f) Income Withholding When the Obligor Defaults on Support Order. (1) When an obligor is subject to an order for income withholding and payment is received from the employer within 15 days from the date upon which the obligor’s obligation would be considered overdue (i.e. the date upon which delinquent support is equal to one month’s support obligation), the payment shall be considered timely and any past due support shall not be converted to overdue support or subject to automated enforcement mechanisms. (2) When nonpayment of the support order by the obligor causes overdue support to accrue, the court may increase the order for income withholding until the overdue support is paid in full. The court may also direct the employer to withhold any periodic or lump sum distributions of income which may be payable to the obligor in addition to regular income until further order of court. (g) Priority of Income Withholding. If there are multiple support obligations in effect against the income of the obligor, the court shall allocate among the obligees the amount of income available for withholding, giving priority to current child support, child support-related expenses and child support arrears to the limit provided by law and stating the priority of payment to the obligee. (h) Termination of Order for Income Withholding. An order for income withholding shall continue until dissolved by the court as provided by law. Official Note Pursuant to 23 Pa.C.S. § 4348(h), an order for income withholding may be terminated when (1) the support obligation has terminated and the total arrears are paid; (2) the payee cannot be located and it becomes impossible to forward payments; or (3) the result would be unconscionable. The order may also be terminated administratively by the domestic relations section. Explanatory Comment—2008 New subdivision 1910.21(f)(1) is intended to address circumstances in which an employer timely withholds income from an obligor pursuant to an income withholding order, but a delay occurs in receipt of the funds by the State Collection and Disbursement Unit. In those cases, it would be inappropriate to consider the obligor’s payment as untimely and convert past due support to overdue support because an obligor subject to an income withholding order has no control over the timing of the transmission of the funds from the employer. This new rule addreses solely timing issues by providing a 15-day grace period. It does not apply to obligors who are not subject to an order for income withholding. Source The provisions of this Rule 1910.21 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 13, 2008, effective immediately, 38 Pa.B. 4735; amended August 13, 2008, effective October 12, 2008, 35 Pa.B. 4736. Immediately preceding text appears at serial pages (319383) to (319384) and (267747).

Rule 1910.21-1. [Renumbered].

Source The provisions of this Rule 1910.21-1 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (256281) to (256283).

Rule 1910.21-2. [Renumbered].

Source The provisions of this Rule 1910.21-2 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (200345).

Rule 1910.21-3. [Renumbered].

Source The provisions of this Rule 1910.21-3 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (200345).

Rule 1910.21-4. [Renumbered].

Source The provisions of this Rule 1910.21-4 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (200345) to (200346).

Rule 1910.21-5. [Renumbered].

Source The provisions of this Rule 1910.21-5 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (200346) and (256973).

Rule 1910.21-6. [Renumbered].

Source The provisions of this Rule 1910.21-6 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (256973).

Rule 1910.21-7. [Renumbered].

Source The provisions of this Rule 1910.21-7 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; renumbered May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (256974).

Rule 1910.22. Support Order. Enforcement. Liens Against Real Property. (a) An overdue support obligation of this or any other state which is on record at the domestic relations section shall constitute a lien of record by operation of law against the obligor’s real property located in Pennsylvania. When the overdue obligation arises in another state, it shall be transmitted to the Department of Public Welfare Central Registry. Upon receipt and verification of the amount owed, the Central Registry shall notify the appropriate domestic relations section which shall enter the amount owed in its records. (b) A person seeking certification of a lien of record arising from overdue support owed by an obligor shall submit a written request for certification to the domestic relations section. The request must include the obligor’s full name, date of birth and social security number, if known. Within two business days, the domestic relations section shall provide written certification of the amount of overdue support owed as of the date of certification and shall enter the amount and date of certification on the docket. Official Note Rule 76 defines ‘‘person’’ as including a corporation, partnership and association as well as a natural person. (c) The domestic relations section shall provide a copy of the written certification to the parties. Either party may object to the certification in writing or by personal appearance before the domestic relations section. The grounds for an objection are limited to the following: (1) no overdue support exists under the support order or there is a mistake in the certified amount of overdue support; (2) there is a mistake in the identity of the obligor; or (3) the lien cannot attach to the property as a matter of law. Pending a court’s disposition of the objection, the certification shall remain in full force and effect unless stayed by the court for good cause shown. (d) Payment of the certified amount of overdue support shall constitute a satisfaction thereof and the domestic relations section shall record the amount of payment on the docket. Source The provisions of this Rule 1910.22 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 26, 1990, effective immediately, 20 Pa.B. 5197; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (256974) and (260381) to (260382).

Rule 1910.23. Support Order. Enforcement. Attachment of Assets Held by Financial Institutions. (a) Upon identification of an obligor’s assets held by a financial institution, the court shall, upon certification of the overdue support owed by the obligor, enter an immediate order prohibiting the release of those assets until further order of court. The order shall be served on the financial institution in the manner prescribed by Rules 400 through 406 governing service of original process or by registered mail, return receipt requested, or by electronic service upon the request of the financial institution. Service by mail is complete upon the return of the registered mail receipt personally signed by the financial institution or other evidence of service satisfactory to the court. Service of the order on the financial institution shall attach the asset up to the amount of the overdue support until further order of court. (b) The domestic relations section shall provide written notification of the attachment to the obligor. The obligor and any joint owner of the account who has been notified by the financial institution may object to the attachment in writing or by personal appearance before the domestic relations section within 30 days after issuance of the notice. The grounds for an objection are limited to the following: (1) no overdue support exists under the support order or there is a mistake in the certified amount of overdue support; (2) there is a mistake in the identity of the obligor; or (3) the account is not subject to attachment as a matter of law. (c) If no objection is made within 30 days after notice was issued, the court shall, upon proof that obligor was properly served with notice of the attachment, enter an order seizing the assets up to the amount of overdue support owed. The order shall be served on the financial institution and a copy of the order provided to both parties. Source The provisions of this Rule 1910.23 rescinded April 29, 1991, effective July 1, 1991, 21 Pa.B. 2335; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended January 25, 2013, effective February 24, 2013, 43 Pa.B. 801. Immediately preceding text appears at serial pages (267749) to (267750).

Rule 1910.23-1. [Rescinded].

Source The provisions of this Rule 1910.23-1 adopted April 29, 1991, effective July 1, 1991, 21 Pa.B. 2335; rescinded May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (260382).

Rule 1910.23-2. [Rescinded].

Source The provisions of this Rule 1910.23-2 adopted April 29, 1991, effective July 1, 1991, 21 Pa.B. 2335; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; rescinded May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (260382) and (228795).

Rule 1910.24. Support Order. Enforcement. Judgment for Arrearages. Petition to Correct Judgment. Execution. (a) On and after the date it is due, overdue support shall constitute a judgment against the obligor as provided by law. The prothonotary shall enter the judgment of record upon the proper docket and in the judgment index either at the direction of the court or upon praecipe of a party or the domestic relations section. The judgment must be accompanied by a written certification showing that obligor owes overdue support pursuant to an order of court. (b) A petition to correct the judgment shall be limited to the following grounds: (1) no overdue support exists under the support order or (2) there is a mistake in the amount of overdue support. The petition initially shall be determined before a conference officer or hearing officer in the same manner as an original proceeding for support. Except as provided by order of court, the filing of a petition to correct a judgment shall not stay the proceedings. Official Note It is important to note that the petition to strike or open a judgment used in civil practice is not adopted here. (c) The judgment may be enforced against the obligor’s real or personal property as provided by Rules 3001 through 3011, governing transfer of judgments, and Rules 3101 through 3149, governing enforcement of judgments for the payment of money. Official Note See Section 8104 of the Judicial Code, 42 Pa.C.S., § 8104, which imposes a duty upon a judgment creditor who has received satisfaction of a judgment, upon written request and tender of the fee, to enter satisfaction in the office of the clerk of court (the prothonotary) in which the judgment is outstanding. Source The provisions of this Rule 1910.24 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (228795).

Rule 1910.25. Enforcement. Support Order. Civil Contempt. Petition. Service. No Answer Required. (a) Upon failure to comply with an order of support, a petition for civil contempt (1) may be filed by the obligee at any time, or (2) shall be filed by the domestic relations section (i) immediately upon the accrual of arrearages in any amount for fifteen days where it is known at the outset that income cannot be attached; or (ii) immediately upon learning that an order for income withholding pursuant to Rule 1910.21 has been ineffective, or within twenty days of failure to comply with the order of support, whichever is earlier. Official Note Except as provided in 23 Pa.C.S. § 4355 relating to suspension of licenses, an order entered pursuant to a contempt proceeding which establishes a rate of repayment on overdue support does not preclude the use of other remedies under Title 23 or these Rules for collecting overdue support more quickly, whenever feasible. (b) The petition shall begin with an order of court in substantially the following form: [CAPTION] ORDER OF COURT Legal proceedings have been brought against you alleging that you have disobeyed an order of court for support. (1) A critical issue in the contempt proceeding is your ability to pay and comply with the terms of the support order. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the court your defenses or objections. (2) You, , Respondent, must appear in person in court on (day and date) at (a.m./p.m.) in (court) room ,

(address). IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. (3) If the court finds that you have willfully failed to comply with its order for support, you may be found to be in contempt of court and committed to jail, fined or both. You will have the opportunity to disclose income, other financial information and any relevant personal information at the conference/hearing so that the court can determine if you have the ability to pay. You may also tell the court about any unusual expenses that may affect your ability to pay. You may fill out the enclosed Income Statement and Expense Statement forms and submit them to the court. At the conference/hearing, the contempt petition may be dismissed, new and/or modified purge conditions may be imposed, or the judge may order you to jail. If the obligee fails to appear, the court will proceed with the case and enter an appropriate order. YOU ARE REQUIRED TO BRING: Your most recent pay stub for any and all employers Payroll address, phone number, fax number and contact person Proof of medical coverage Any other documentation relevant to your case and the issue of contempt as stated in the petition, including the completed Income Statement and Expense Statement forms. For example, other documentation that may be relevant includes documents related to claims for unemployment compensation, workers’ compensation and Social Security benefits. BY THE COURT: DATE OF ORDER: Judge YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name)

(Address)

(Telephone Number) Official Note Neither Rule 1018.1 (Notice to Defend) nor Rule 1361 (Notice to Plead) apply to a petition for enforcement of support. (c) The petition shall aver the facts alleged to constitute the failure to comply with the support order. The petition shall set forth the amount of support arrearages, if any, as provided by the domestic relations section. Unless specially ordered by the court, no answer to the petition is required. (d) The petition shall be served upon the respondent (1) by ordinary mail with the return address of the domestic relations section appearing thereon; or (2) by any form of mail which requires the respondent to sign a receipt; or (3) by a competent adult; or Official Note See Rule 76 for the definition of ‘‘competent adult.’’ (4) pursuant to special order of court. A respondent who attends the conference and/or hearing in person shall be deemed to have been served. (e) The court may issue a bench warrant as provided by Rule 1910.13-1 for failure of the respondent to appear. (f) The respondent shall be advised in the Order/Notice to Appear that his or her present ability to pay is a critical issue in the contempt proceeding. The respondent shall be provided with Income and Expense Statements to demonstrate financial ability to pay. At the hearing, the respondent shall be provided the opportunity to respond to any questions about his or her financial status. The trier of fact shall issue an express finding that the respondent does or does not have the present ability to pay. Explanatory Comment—2012 The amendments to the form in subdivision (b) and new subdivision (f) are intended to assure compliance with the U.S. Supreme Court’s decision in Turner v. Rogers, 131 S. Ct. 2507 (2011). In that case, the Court held that counsel need not automatically be appointed for indigent support obligors facing incarceration in civil contempt proceedings. The Court held that the due process clause of the Fourteenth Amendment to the U.S. Constitution does not require that counsel be provided where the obligee is not represented by counsel and the state provides alternative procedural safeguards including adequate notice of the importance of the ability to pay, a fair opportunity to present, and to dispute, relevant information, and express court findings as to the obligor’s ability to pay. Source The provisions of this Rule 1910.25 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7521. Immediately preceding text appears at serial pages (303570) and (328351).

Rule 1910.25-1. Civil Contempt. Hearing by Court. Conference by Officer. (a) After service of the petition and order of court upon the respondent, there shall be (1) an office conference conducted by a conference officer, as provided by Rule 1910.25-2, or (2) an immediate hearing by the court, if permitted by the court. (b) If, at any time during a contempt proceeding, including proceedings under Rules 1910.25-2, 1910.25-3 and 1910.25-4, the hearing officer or conference officer determines that the failure to comply with the support order is willful and there is present ability to comply, the petition for contempt shall be heard by the court for consideration of incarceration and other appropriate sanctions. Official Note The determination required by subdivision (b) shall be made by a conference officer in counties adopting the procedure of Rule 1910.25-3 (conference and hearing de novo) or by a hearing officer in counties adopting the alternative procedure of Rule 1910.25-4 (record hearing and exceptions). Courts should strive to hear these cases promptly, on the same day if possible. Source The provisions of this Rule 1910.25-1 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155.

Rule 1910.25-2. Civil Contempt. Office Conference. Agreement. Alternative Procedures Upon Failure to Agree. (a) The office conference shall be conducted by a conference officer. (b) The conference officer may make a recommendation to the parties as to the disposition of the proceedings. (c) If an agreement is reached at the conference, the conference officer shall prepare a written order in conformity with the agreement for signature by the parties and submission to the court. The court may enter the order in accordance with the agreement without hearing the parties. (d) If an agreement is not reached, the procedure shall be as prescribed by Rule 1910.25-3 unless the court by local rule adopts the alternative procedure of Rule 1910.25-4. Source The provisions of this Rule 1910.25-2 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155.

Rule 1910.25-3. Civil Contempt. Conference Summary. Order. Hearing De Novo. (a) If an agreement is not reached, the conference officer shall, at the conclusion of the conference or shortly thereafter, prepare a conference summary and furnish copies to the court and to all parties. The conference summary shall state: (1) the facts upon which the parties agree, (2) the contentions of the parties with respect to facts upon which they disagree, and (3) the conference officer’s recommendation whether (i) the respondent has willfully failed to comply with the order for support, (ii) the respondent should be held in contempt, and (iii) sanctions or purge conditions should be imposed against the respondent. Official Note The sanction of imprisonment may be imposed only following an evidentiary hearing before a judge. See Rule 1910.25-5(a). (b) The court, without hearing the parties, may enter an appropriate order after consideration of the conference summary. Each party shall be provided with a copy of the order and written notice that any party may, within twenty days after the date of receipt or the date of the mailing of the order, whichever occurs first, file a written demand with the domestic relations section for a hearing before the court. (c) A demand for a hearing before the court shall stay the contempt order. (d) If the court does not enter an order under Rule 1910.25-2(c) or subdivision (b) of this rule within five days of the conference, or if an order is entered and a demand for a hearing before the court is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The hearing de novo shall be held no later than seventy-five days after the date the petition for contempt was filed. (e) The court shall not be precluded from conducting a hearing on the petition for contempt on the same day as the office conference. Official Note Every effort should be made to ensure that these cases are heard promptly, on the same day if possible. Source The provisions of this Rule 1910.25-3 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 11, 2007, effective immediately, 37 Pa.B. 2800. Immediately preceding text appears at serial pages (303572) and (267753).

Rule 1910.25-4. Civil Contempt. Alternative Procedure. Record Hearing. Report. Exceptions. Order. (a) At the conclusion of the conference if an agreement has not been reached, the parties shall be given notice of the date, time, and place of a hearing if the conference and hearing have not been scheduled for the same date. The hearing on the record shall be conducted by a hearing officer who must be a lawyer. Official Note Every effort should be made to ensure that cases are heard promptly, on the same day if possible. (b) The hearing officer shall receive evidence, hear argument and file with the court a report containing a proposed order. A copy of the report shall be furnished to all parties at the conclusion of the hearing. The report may be in narrative form and shall include the officer’s recommendation with respect to the following matters, together with the reasons therefor: (1) whether the respondent has willfullly failed to comply with the order for support, (2) whether the respondent should be held in contempt, and (3) whether sanctions or purge conditions should be imposed against the respondent. Official Note The sanction of imprisonment may be imposed only following an evidentiary hearing before a judge. See Rule 1910.25-5(a). (c) Within twenty days after the conclusion of the hearing, any party may file exceptions to the report or any part thereof, to rulings on objections, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to the entry of the order, leave is granted to file exceptions raising those matters. (d) If no exceptions are filed within the twenty-day period, the court shall review the report and, if approved, enter an order. (e) If exceptions are filed, the court shall, no later than seventy-five days after the date the petition for contempt was filed, hear argument on the exceptions or hold a hearing de novo. The court shall enter an appropriate order. Source The provisions of this Rule 1910.25-4 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 11, 2007, effective immediately, 37 Pa.B. 2800. Immediately preceding text appears at serial pages (267753) to (267754).

Rule 1910.25-5. Civil Contempt. Contempt Order. Incarceration. (a) No respondent may be incarcerated as a sanction for contempt without an evidentiary hearing before a judge. (b) The court shall make a finding, on the record, as to whether the respondent, based upon the evidence presented at hearing, does or does not have the present ability to pay the court-ordered amount of support. (c) An order committing a respondent to jail for civil contempt of a support order shall specify the conditions the fulfillment of which will result in the release of the respondent. Official Note The time periods set forth in Rules 1910.25 through 1910.25-6 are for the benefit of the plaintiff, and not for the defendant. The goal is the prompt initiation of contempt proceedings because of the importance of ongoing support payments. The time periods in no way limit the right of either the domestic relations section or the plaintiff to proceed with a contempt action. Source The provisions of this Rule 1910.25-5 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 11, 2007, effective immediately, 37 Pa.B. 2800; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7521. Immediately preceding text appears at serial page (328354).

Rule 1910.25-6. Civil Contempt. No Post Trial Relief. No motions for post trial relief shall be filed to any orders entered pursuant to Rules 1910.25 through 1910.25-6. Source The provisions of this Rule 1910.25-6 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155.

Rule 1910.25-7. Indirect Criminal Contempt. Incarceration. In addition to any other remedy available to the court, the court may order the respondent to obtain employment with income that can be verified and is subject to income attachment. If the respondent willfully fails to comply with an order to obtain such employment, the court may commit the respondent to jail upon adjudication for indirect criminal contempt, provided the respondent is afforded all of the procedural safeguards available to criminal defendants. Explanatory Comment—2007 Parental support of children is a fundamental requirement of law and public policy. Absent an inability to maintain employment or acquire other income or assets, sanction in the form of incarceration may be imposed by the court to compel compliance and provide an incentive to obey the law. The contempt process, which should be used as a last resort, is necessary to impose coercive sanctions upon those obligors whose circumstances provide no recourse to the court to compel payment or a good faith effort to comply. Appellate opinions have made it clear that an obligor who is in civil contempt cannot be incarcerated without the present ability to fulfill the conditions the court imposes for release. However, the courts also have noted that recalcitrant obligors may be imprisoned for indirect criminal contempt if afforded the proper procedural safeguards. See Godfrey v. Godfrey, 894 A.2d 776 (Pa. Super. 2006); Hyle v. Hyle, 868 A.2d 601 (Pa. Super. 2005). Source The provisions of this Rule 1910.25-7 adopted June 11, 2007, effective immediately, 37 Pa.B. 2800.

Rule 1910.26. Support Order. Enforcement. Stay of Proceedings. Special Relief. (a) An action for support or a support order may be stayed only by a special order of court upon a showing of compelling circumstances following notice and hearing or upon agreement of the parties in writing. (b) At any time after the filing of the complaint, the court may on application issue a preliminary or special injunction, appoint a temporary receiver, order the seizure of property, dispose of seized property or grant other appropriate interim or special relief. Source The provisions of this Rule 1910.26 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (228795) to (228806).

Rule 1910.27. Form of Complaint. Order. Income Statements and Expense Statements. Health Insurance Coverage Information Form. Form of Support Order. Form Petition for Modification. Petition for Recovery of Support Overpayment. (a) The complaint in an action for support shall be substantially in the following form: (Caption) COMPLAINT FOR SUPPORT

1. Plaintiff resides at , (Street) (City) (Zip Code) County. Plaintiff’s Social Security Number is , and date of birth is .

2. Defendant resides at , (Street) (City) (Zip Code) County. Defendant’s Social Security Number is , and date of birth is . 3. (a) Plaintiff and Defendant were married on , (Date) at . (City and State) (b) Plaintiff and Defendant were separated on . (Date) (c) Plaintiff and Defendant were divorced on , at (Date) . (City and State) 4. Plaintiff and Defendant are the parents of the following children: (a) Born of the Marriage: Name Birth Date Age Residence (b) Born out of Wedlock: Name Birth Date Age Residence 5. Plaintiff seeks to pay support or receive support for the following persons: . 6. (a) Plaintiff is (not) receiving public assistance in the amount of $ per for the support of . (Name(s)) (b) Plaintiff is receiving additional income in the amount of $ from . 7. A previous support order was entered against the defendant on

plaintiff

in an action at in (Court, term and docket number) the amount of $ for the support of . (Name) There are (no) arrearages in the amount of $ . The order has (not) been terminated. 8.

Plaintiff

Defendant last received support from the other party in the amount of $

on . (Date) WHEREFORE, Plaintiff requests that an order be entered on behalf of the aforementioned child(ren) and/or spouse for reasonable support and medical coverage.

Date Plaintiff or Attorney for Plaintiff

I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date Plaintiff NOTICE

Guidelines for child and spousal support, and for alimony pendente lite have been prepared by the Court of Common Pleas and are available for inspection in the office of Domestic Relations Section,

(Address)

(b) The order to be attached at the front of the complaint set forth in subdivision (a) shall be in substantially the following form: (Caption) ORDER OF COURT Plaintiff, and , defendant, are ordered to appear at before , a conference officer of the Domestic Relations Section, on the day of , 20 , at .M., for a conference, after which the officer may recommend that an order for support be entered against you.

NOTICE

Guidelines for child and spousal support, and for alimony pendente lite have been prepared by the Court of Common Pleas and are available for inspection in the office of Domestic Relations Section,

(Address)

(b) The order to be attached at the front of the complaint set forth in subdivision (a) shall be in substantially the following form: (Caption) ORDER OF COURT Plaintiff, and , defendant, are ordered to appear at before , a conference officer of the Domestic Relations Section, on the day of , 20 , at .M., for a conference, after which the officer may recommend that an order for support be entered against you. You are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, (2) your pay stubs for the preceding six months, (3) the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), (4) verification of child care expenses, and (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. (6) If a physician has determined that a medical condition affects your ability to earn income you must obtain a Physician Verification Form from the domestic relations section, sign it, have it completed by your doctor, and bring it with you to the conference. THE TRIER OF FACT SHALL ENTER AN APPROPRIATE CHILD SUPPORT ORDER BASED UPON THE EVIDENCE PRESENTED, WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. THE DETERMINATION OF WHICH PARTY WILL BE THE OBLIGEE AND WHICH WILL BE THE OBLIGOR WILL BE MADE BY THE TRIER OF FACT BASED UPON THE RESPECTIVE INCOMES OF THE PARTIES, CONSISTENT WITH THE SUPPORT GUIDELINES AND EXISTING LAW, AND THE CUSTODIAL ARRANGEMENTS AT THE TIME OF THE INITIAL OR SUBSEQUENT CONFERENCE, HEARING, OR TRIAL. IF SUPPORTED BY THE EVIDENCE, THE PARTY NAMED AS THE DEFENDANT IN THE INITIAL PLEADING MAY BE DEEMED TO BE THE OBLIGEE, EVEN IF THAT PARTY DID NOT FILE A COMPLAINT FOR SUPPORT. Date of Order: J. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name)

(Address)

(Telephone Number)

AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.

(c) The Income and Expense Statements to be attached to the order shall be in substantially the following form: (1) Income Statement. This form must be filled out in all cases. v. No.

THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below. INCOME STATEMENT OF (Name) (PACASES Number)

I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant

INCOME Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc); $

Gross Pay per Pay Period: Itemized Payroll Deductions:

$

Federal Withholding FICA Local Wage Tax State Income Tax Mandatory Retirement Union Dues Health Insurance Other (specify)

$

Net Pay per Pay Period: Other Income:

Week Month Year (Fill in Appropriate Column) $ $ $

Interest Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other

$

Total

$

$

$

TOTAL INCOME

PROPERTY OWNED Description

Value $

Checking accounts

Ownership* H W

J

Coverage* H W

C

Savings accounts Credit Union Stocks/bonds Real estate Other $

Total INSURANCE

Policy No.

Company Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other *H=Husband; W=Wife; J=Joint; C=Child

SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business:

Address and Telephone Number:

(d) Nature of business (check one) (e) Name of accountant, controller or other person in charge of financial records: (1) partnership (2) joint venture (f) Annual income from business:

(3) profession (4) closed corporation

(1) How often is income received?

(5) other

(2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any:

(2) Expense Statements. An Expense Statement is not required in cases which can be determined pursuant to the guidelines unless a party avers unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor’s ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. In child support, spousal support and alimony pendente lite cases calculated pursuant to Rule 1910.16-3.1 and in divorce cases involving claims for alimony or counsel fees, costs and expenses pursuant to Rule 1920.31(a), the parties must complete the Expense Statement in subparagraph (B) below. (A) Guidelines Expense Statement. If the combined monthly net income of the parties is $30,000 or less, it is not necessary to complete this form unless a party is claiming unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. At the conference, each party must provide receipts or other verification of expenses claimed on this statement. The Guidelines Expense Statement shall be substantially in the following form.

EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant

Mortgage (including real estate taxes and homeowner’s insurance) or Rent Health Insurance Premiums

Weekly Monthly Yearly (Fill in Appropriate Column) $ $ $

























































































$

$

$

Unreimbursed Medical Expenses: Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices, therapy) Child Care Private school Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Other: (Specify) Total

(B) Expense Statement for Cases Pursuant to Rule 1910.16-3.1 and Rule 1920.31. No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided.

EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant

MONTHLY MONTHLY MONTHLY TOTAL CHILDREN PARENT

EXPENSES HOME Mortgage or Rent Maintenance Lawn Care 2nd Mortgage UTILITIES Electric Gas Oil Telephone Cell Phone Water Sewer Cable TV Internet Trash/ Recycling TAXES Real Estate Personal Property INSURANCE Homeowners/ Renters Automobile Life Accident/Disability Excess Coverage Long-Term Care AUTOMOBILE Lease or Loan Payments Fuel Repairs Memberships MEDICAL Medical Insurance Doctor Dentist Hospital Medication Counseling/Therapy Orthodontist Special Needs (glasses, etc.) EDUCATION Tuition Tutoring Lessons Other PERSONAL Debt Service Clothing Groceries Haircare Memberships MISCELLANEOUS Child Care Household Help Summer Camp Papers/Books/Magazines Entertainment Pet Expenses Vacations Gifts Legal Fees/Prof. Fees Charitable Contributions Children’s Parties Children’s Allowances Other Child Support Alimony Payments

TOTAL MONTHLY EXPENSES

(d) The form used to obtain information relating to health insurance coverage from a party shall be in substantially the following form:

(Caption) HEALTH INSURANCE COVERAGE INFORMATION REQUIRED BY THE COURT This form must be completed and returned to the domestic relations section. IF YOU FAIL TO PROVIDE THE INFORMATION REQUESTED, THE COURT MAY FIND THAT YOU ARE IN CONTEMPT OF COURT. Do you provide insurance coverage for the dependents named below? (Check each type of insurance which you provide). Type of Coverage

Full Name SS #

HospitalPrescripMedical Dental Eye Other zation tion

Note: Before forwarding the form to the party, the domestic relations section should fill in the names and Social Security numbers of the dependents about whom the information is sought. Provide the following information for all types of insurance you maintain, whether or not any of the above-named dependents is covered at this time: Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Employee cost of coverage for dependents: Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Employee cost of coverage for dependents: Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Employee cost of coverage for dependents: Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Employee cost of coverage for dependents: If the above-named dependents are not currently covered by insurance, please state the earliest date coverage could be provided. (e) The form of a support order shall be substantially as follows:

(Caption) (FINAL) (TEMPORARY) (MODIFIED) ORDER OF COURT AND NOW, , based upon the Court’s determination that Payee’s monthly net income is $ , and Payor’s monthly net income is $ , it is hereby ordered that the Payor pay to the Domestic Relations Section, Court of Common Pleas, Dollars ($ . ) a month payable (WEEKLY/BI-WEEKLY/SEMI-MONTHLY/MONTHLY) as follows: . Arrears set at $ as of are due in full IMMEDIATELY. Contempt proceedings, credit bureau reporting and tax refund offset certification will not be initiated, and judgment will not be entered, as long as payor pays $ on arrears on each payment date. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means listed above. For the support of:

Said money to be turned over by the domestic relations section to:

Payments must be made (STATE ACCEPTABLE FORMS OF PAYMENT). All checks and money orders must be made payable to (NAME OF ENTITY TO WHOM CHECKS SHOULD BE MADE PAYABLE) and mailed to (NAME OF OFFICE) at (MAILING ADDRESS). Each payment must bear your (FILE/CASE/FOLIO/DOMESTIC RELATIONS) number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses are to be paid % by defendant and % by plaintiff. (PLAINTIFF/DEFENDANT/NEITHER) to provide medical insurance coverage. Within 30 days after the entry of this order, the party ordered to provide medical insurance shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCE MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD (insert instructions for local domestic relations section). ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON THE DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH’S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED that, upon payor’s failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor’s wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing to $ a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties (INDICATE DATE DELIVERED).

Consented: Plaintiff

Plaintiff’s Attorney

Defendant Defendant’s Attorney BY THE COURT: J.

(f) A petition for modification of support shall be in substantially the following form: (Caption) PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of respectfully represents that on , 19 , an Order of Court was entered for the support of . A true and correct copy of the order is attached to this petition. 2. Petitioner is entitled to * of this Order because of the following material and substantial change(s) in circumstance: *Fill in the relief sought, i.e. increase, decrease, modification, termination, suspension, vacation WHEREFORE, Petitioner requests that the Court modify the existing order for support. (Attorney for Petitioner)(Petitioner) I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. … Date…Petitioner (g) The order to be attached at the front of the petition for modification set forth in subdivision (f) shall be in substantially the following form: (Caption) ORDER OF COURT You, , Respondent, have been sued in Court to modify an existing support order. You are ordered to appear in person at on at .M., for a conference/ hearing and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order for Modification may be entered against you. You are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, (2) your pay stubs for the preceding six months, (3) the Income Statement and appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), (4) verification of child care expenses, and (5) proof of medical coverage which you may have, or may have available to you. (6) If a physician has determined that a medical condition affects your ability to earn income, you must obtain a Physician Verification Form from the domestic relations section, sign it, have it completed by your doctor, and bring it with you to the conference. THE TRIER OF FACT MAY INCREASE, DECREASE OR TERMINATE THE EXISTING ORDER BASED UPON THE EVIDENCE PRESENTED. AN ORDER MAY BE ENTERED AGAINST EITHER PARTY WITHOUT REGARD TO WHICH PARTY FILED THE MODIFICATION PETITION. Date of Order: J. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name) (Address) (Telephone Number) AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. (h) A petition for recovery of a support overpayment when a support order remains in effect shall be in substantially the following form:

(Caption) Petition for Recovery of Support Overpayment in Active Case.

1. Obligor and Obligee are parties in a support action at the docket number captioned above. 2. There is an overpayment owing to Obligor in an amount in excess of two months of the monthly support obligation. Wherefore, Obligor requests that, pursuant to Pa.R.C.P. No. 1910.19(g)(1), the charging order be reduced by 20% or an amount sufficient to retire the overpayment by the time the charging order is terminated.

Date Petitioner or Attorney for Petitioner I verify that the statements in this petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. (date) (Petitioner signature) (i) A petition for recovery of a support overpayment when a support order has been terminated shall be in substantially the following form:

(Caption) Petition for Recovery of Support Overpayment in Closed Case. 1. Plaintiff is an adult individual residing at: 2. Defendant is an adult individual residing at: 3. Plaintiff and defendant were parties in a prior support action that was terminated by order dated at docket number . 4. There is an overpayment owing to the instant plaintiff. Wherefore, the plaintiff requests that, pursuant to Pa.R.C.P. No. 1910.19(g)(2), an order be entered against the defendant and in favor of the plaintiff in the amount of the overpayment.

Date Petitioner or Attorney for Petitioner I verify that the statements in this petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. (date) (Petitioner signature) (j) The order to be attached at the front of the petition for recovery of support overpayment in closed case set forth in subdivision (i) shall be in substantially the following form:

(Caption) ORDER OF COURT You, , defendant, are ordered to appear at before , a conference officer of the Domestic Relations Section, on the day of , 20 , at .M., for a conference, after which the officer may recommend that an order for the recovery of a support overpayment be entered against you. You are further ordered to bring to the conference (1) a true copy of your most recent federal income tax return, including W-2s, as filed, (2) your pay stubs for the preceding six months, and (3) the Income Statement and the appropriate Expense Statement, if you are claiming that you have unusual needs or unusual fixed obligations. Date of Order:

J. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name)

(Address)

(Telephone Number)

AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Explanatory Comment—1994 The support complaint and Income and Expense Statements contain a verification which states that the documents are subject to the penalties of the Crimes Code relating to unsworn falsification to authorities. A notary public is not needed. Explanatory Comment—2006 Rule 1910.27(c) is amended to separate income and expense information and to elicit the expense information relevant in cases that fall within the guidelines, as well as those that do not. In cases which can be determined under the guidelines, no expense information need be provided unless a party is claiming unusual needs and expenses that may warrant a deviation pursuant to Rule 1910.16-5 or an apportionment of expenses pursuant to Rule 1910.16-6. If a party is claiming such expenses, the form at subsection (c)(2) (A) should be submitted. A separate expense form for cases in which the parties’ combined monthly net income exceeds $20,000 is set forth at subsection (c)(2)(B). Rule 1910.11(c) was amended, effective in March 1995, to provide that only income and extraordinary expenses need be shown on the Income and Expense Statement in cases which can be determined pursuant to the guidelines. The Explanatory Comment—1994 explained the rationale for the amendment. Nevertheless, because space for both income and expense information was provided on the same form Income and Expense Statement, parties often needlessly expended time and effort to provide expense information that was not relevant at the conference. The amendments are intended to clarify and simplify the submission of expense information. Explanatory Comment—2010 When the combined net monthly income of the parties exceeds $30,000, the case will be decided pursuant to Rule 1910.16-3.1 and the Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) must be submitted. Explanatory Comment—2012 The form complaint for support in subdivision (a) has been amended to accommodate cases initiated pursuant to Rule 1910.3(a)(6). Because a support order may be entered against either party without regard to which party initiated the support action pursuant to Rule 1910.3(b), a party who believes that he or she may owe a duty of support may use the complaint form to initiate the action even if he or she ultimately is determined to be the obligor. In active charging support cases in which there is an overpayment in an amount in excess of two months of the monthly support obligation and the domestic relations section fails to reduce the charging order automatically to recoup the overpayment pursuant to Rule 1910.19(g)(1), the obligor may file a petition for recovery as set forth in subdivision (h) above. A separate form petition has been added in subdivision (i) by which a former support obligor may seek recovery of an overpayment in any amount in terminated cases pursuant to Rule 1910.19(g)(2). Source The provisions of this Rule 1910.27 amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended December 2, 1994, effective March 1, 1995, 25 Pa.B. 6263; amended March 24, 1997, effective July 1, 1997, 27 Pa.B. 1549; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 5, 2001, effective immediately, 31 Pa.B. 3306; amended June 24, 2002, effective immediately, 32 Pa.B. 3389; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended August 13, 2008, effective October 12, 2008, 38 Pa.B. 4736; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended November 5, 2012, effective December 5, 2012, 42 Pa.B. 7091; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522; amended September 25, 2014, effective in 30 days on October 25, 2014, 44 Pa.B. 6553. Immediately preceding text appears at serial pages (373785) to (373786), (365301) to (365312) and (373787) to (373789).

Rule 1910.28. Order for Earnings and Health Insurance Information. Form of Earnings Report. Form of Health Insurance Coverage Information. (a) The order for earnings and health insurance information shall be in substantially the following form: (Caption) ORDER FOR EARNINGS REPORT, HEALTH INSURANCE INFORMATION AND SUBPOENA TO: TO: TO: AND NOW, this day of , 20 , since it appears that is employed by you, and it is necessary Name of employee that the Court obtain earnings and health insurance information relating to the above-named individual in order to adjudicate a matter of support, IT IS HEREBY ORDERED AND DECREED that you supply the Court with the information required by the enclosed Earnings Report and Health Insurance Coverage Report and file them with the Court within fifteen (15) days of the date of this order. If you fail to supply the information required by this Order, a subpoena will issue requiring you to attend Court and bring the material with you, or other appropriate sanctions will be imposed by the Court. BY THE COURT: J. (b) The employer shall file an Earnings Report substantially in the following form:

Employer:

Re: Name Social Security No. Support Action No.

EARNINGS REPORT To the Employer: Furnish earnings information for the above-named employee for each pay period during the last six months. It is preferred that you attach a photocopy of your records containing the earnings information requested. Attach a copy of the employe’s most recent W-2 Form.

Payroll Number:

Nature of Employment:

Payroll Period Ending Date of Pay Gross Pay Deductions Fed. Withholding Social Security Local Wage Tax State Income Tax Payroll Period Ending Date of Pay Gross Pay Deductions Fed. Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (Specify)

Net Pay Hours Worked I verify that the statements made in this Earning Report are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: …Signed

by: Position:

(c) The form which the employer uses to report health insurance coverage information shall be substantially as follows: Official Note the information requested in the following report may be provided by an employer on its own form, for example, as a computer print out. (Caption) HEALTH INSURANCE COVERAGE REPORT This information must be completed and returned within 15 days. Failure to comply may result in issuance of a subpoena or other appropriate sanctions. Employee’s Name: Employee’s Social Security #:

Does the employer make medical, dental, eye care, prescription or other insurance coverage available to the employee? Yes No Name the dependents covered under the employee’s insurance, and indicate which types of coverage they have through your company. Type of Coverage HospitalPrescripFull Name SS # Medical Dental Eye Other ization tion

Provide the information indicated for each type of insurance which is available to the employee, whether or not any of the above-named dependents are covered at this time: Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Cost of coverage for dependents:

Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Cost of coverage for dependents:

Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Cost of coverage for dependents:

Insurance company (provider): Group #: Plan #: Policy #: Effective coverage date: Type of coverage: Cost of coverage for dependents:

If the above-named dependents are not currently covered by insurance, please state the earliest date coverage could be provided. PLEASE PROVIDE FORMS NECESSARY TO ADD DEPENDENTS, AS THE EMPLOYEE MAY BE ORDERED TO PROVIDE COVERAGE FOR THEM. I verify that the statements made in this Health Insurance Coverage information form are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Signature: Title:

Source The provisions of this § 1910.28 amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended December 2, 1994, effective March 1, 1995, 25 Pa.B. 6263; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended September 24, 2002, effective immediately, 32 Pa.B. 5044. Immediately preceding text appears at serial pages (290225) to (290226) and (267769).

Rule 1910.29. Evidence in Support Matters. (a) Record Hearing. Except as provided in this rule, the Pennsylvania Rules of Evidence shall be followed in all record hearings conducted in an action for support. A verified petition, affidavit or document, and any document incorporated by reference therein which would not be excluded under the hearsay rule if given in person shall be admitted into evidence if (1) at least 20 days’ written notice of the intention to offer them into evidence was given to the adverse party accompanied by a copy of each document to be offered; (2) the other party does not object to their admission into evidence; and (3) the evidence is offered under oath by the party or witness. An objection must be in writing and served on the proponent of the document within 10 days of the date of service of the notice of intention to offer the evidence. When an objection is properly made, the Pennsylvania Rules of Evidence shall apply to determine the admissibility of the document into evidence. (b) Medical Evidence. (1) Non-Record Proceeding. In a non-record hearing, if a physician has determined that a medical condition affects a party’s ability to earn income and that party obtains a Physician Verification Form from the domestic relations section, has it completed by the party’s physician and submits it at the conference, it may be considered by the conference officer. If a party is receiving Social Security disability or workers’ compensation benefits, the party shall submit copies of the disability or workers’ compensation determination in lieu of the Physician Verification Form. (2) Record Proceeding. If the matter proceeds to a record hearing and the party wishes to introduce the completed Physician Verification Form into evidence, he or she must serve the form on the other party not later than 20 days after the conference. The other party may file and serve an objection to the introduction of the form within 10 days of the date of service. If an objection is made and the physician testifies, the trier of fact shall have the discretion to allocate the costs of the physician’s testimony between the parties. If there is no objection, the form may be admitted into evidence without the testimony of the physician. In the event that the record hearing is held sooner than 30 days after the conference, the trier of fact may provide appropriate relief, such as granting a continuance to the objecting party. (3) The Physician Verification Form shall be substantially in the following form: IN THE COURT OF COMMON PLEAS OF COUNTY Member Name: Docket Number: PACSES Case Number: Other State ID Number: PHYSICIAN VERIFICATION FORM TO BE COMPLETED BY THE TREATING PHYSICIAN Physician’s name: Physician’s license number: Nature of patient’s sickness or injury:



Date of first treatment: Date of most recent treatment: Frequency of treatments: Medication: The patient has had a medical condition that affects his or her ability to earn income from: through If the patient is unable to work, when should the patient be able to return to work? Will there be limitations?



Remarks:



Date: Signature of Treating Physician: Physician’s address:





Physician’s telephone number: I authorize my physician to release the above information to the County Domestic Relations Section. Patient’s signature: Date:

Explanatory Comment—2000 23 Pa.C.S. § 4342(f) creates a hearsay exception in support actions to permit a verified petition, affidavit or document and a document incorporated by reference in any of them to be admitted into evidence if it would not otherwise be excluded as hearsay if given in person and it is admitted under oath by a party or witness to the support action. Rule 1910.29 requires that notice of the documents to be admitted be given to the other party prior to the hearing. It also sets forth the procedures for raising an objection to the admission of those documents. If the requisite 20-day notice is given and there is no objection, the document must be admitted into evidence under this rule and 23 Pa.C.S. § 4342(f). In the event an objection is timely made, the rules of evidence apply to determine the document’s ultimate admissibility. Rule 1910.29 is not intended to affect 23 Pa.C.S. § 4342(g) and (h) relating to admissibility of payment records, billing statements and bills for genetic testing and prenatal and postnatal health care of the mother and child. Those documents are admissible into evidence without advance notice for the limited purposes which are expressly set forth in those statutory provisions. Source The provisions of this Rule 1910.29 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial page (324707).

Rule 1910.30. [Rescinded].

Source The provisions of this Rule 1910.30 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; rescinded May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (200369) to (200370).

Rule 1910.31. [Rescinded].

Source The provisions of this Rule 1910.31 amended April 23, 1985, effective July 1, 1985, 15 Pa.B. 1726; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (200370) and (252117).

Rule 1910.49. Acts of Assembly Not Suspended. The rules governing an action for support shall not be deemed to suspend or affect the following Acts or parts of Acts of Assembly: (1) Chapter 43 of Title 23 of the Consolidated Statutes, 23 Pa.C.S. § 4301 et seq., relating to support matters generally; (2) Chapter 45 of Title 23 of the Consolidated Statutes, 23 Pa.C.S. § 4501 et seq., except § 4533, known as the Revised Uniform Reciprocal Enforcement of Support Act (1968); (3) Section 1 of the Act of June 11, 1913, P. L. 468, 48 P. S. § 133, relating to execution of a support order against real property owned by the entireties; (4) Sections 1 to 5 of the Act of May 24, 1923, P. L. 446, 48 P. S. § § 137—141, only insofar as the Act authorizes execution against real estate held by the entireties; (5) The Act of December 19, 1990, P. L. 1240, No. 206, 23 Pa.C.S. § 3507, insofar as it provides for tenancy in common of property held by the entireties after divorce; and Official Note See the Divorce Code as to equitable distribution of property in divorce actions. (6) The Act of December 19, 1990, P. L. 1240, No. 206, 23 Pa.C.S. § 6101, known as the Protection from Abuse Act. Official Note The Protection from Abuse Act provides a procedure to obtain a temporary order of support in addition to other relief. Source The provisions of this Rule 1910.49 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial pages (142514) to (142515).

Rule 1910.50. Suspension of Acts of Assembly. The following Acts or parts of Acts of Assembly are suspended insofar as they apply to the practice and procedure in an action for support: (1) Section 3 of the Support Law of June 24, 1937, P. L. 2045, 62 P. S. § 1973, insofar as it provides a procedure to enforce the liability of relatives for the support of an indigent person; and (2) Section 4 of Act 1996-20, 23 Pa.C.S. § 4342, insofar as it provides that long arm jurisdiction shall be used in preference to proceedings under Part VIII-A relating to intrastate family support actions; (3) Act Nos. 1997-58 and 1998-127 insofar as they are inconsistent with Rule 1910.20 relating to the availability of remedies for collection of past due and overdue support; (4) Section 4 of Act 1997-58, 23 Pa.C.S. § 4342(f), insofar as it is inconsistent with Rule 1910.29 as it relates to record hearings in support actions; (5) Section 4 of Act 1998-127, 23 Pa.C.S. § 4352(d), insofar as it is inconsistent with Rule 1910.22 providing that overdue support on public record at the domestic relations section constitutes a lien of record against all real property within the state of Pennsylvania which is owned by the obligor; (6) Section 4 of Act 1998-127, 23 Pa.C.S. § 4352(d.1), only insofar as subsection (1) of that provision provided that the underlying support action shall either be pending at the county domestic relations section or shall be forced by the county domestic relations section in order for a lien to arise against real property located in that county; and (7) All Acts or parts of Acts of Assembly inconsistent with these rules to the extent of such inconsistency. Source The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

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